Gray v. Carter

BARNARD, P. J.

This is an action for damages arising from a fall in a hospital operated by the defendants.

Sadie Gray, who was 75 years old, entered this hospital on September 10,1946. She had suffered from arthritis for some years and required help in dressing and undressing, but was able to walk without a cane. At the time of entering the hospital she was agitated, confused and depressed, and was not eating well. She was assigned to a unit in which there were three other old ladies. There were two regulation hospital beds, two lower type beds, a table and two or three chairs in the room. She was given certain treatments to which she responded satisfactorily, and she was very much improved at the time here in question. About 6 or 6:15 p. m. on November 12, 1946, she was found on the floor of this room near a bed, with an overturned chair beside her. She suffered a fractured hip and was still bedridden at the time of the trial.

This action was brought by Mrs. Gray, through a guardian

ad litem

appointed for that purpose, and by her four adult daughters. The only material evidence produced was the testimony of a nurse, of two of the adult daughters, and of Dr. Carter who was called under section 2055 of the Code of Civil Procedure. Motions for a nonsuit and for a directed verdict were denied, and the case was submitted to the jury without further evidence from the defendants. The jury returned a verdict in favor of the plaintiffs for $9,000 and the defendants have appealed.

Appellants’ main contention is that the evidence is insufficient to support the jury’s implied finding of negligence on their part. The respondents argue that the appellants should have anticipated that Mrs. Gray, because of her arthritis, might fall in attempting to get into bed unless she was assisted in so doing. It is also argued that the appellants, as reasonable persons, and lmowing her condition and the care generally exercised by hospitals in that community, should have anticipated that such an injury was likely to happen to one in her mental condition.

[644]

While the duty of care imposed on a hospital may under some circumstances extend to safeguarding the patients from dangers due to mental incapacity, it is well settled that a private hospital is not an insurer of a patient’s safety, and the amount of care required is limited by the usual rule that no one is required to guard against something which a reasonable person, under the circumstances, would not anticipate as likely to happen.