CA: attempted suicide patient on 72-hour hold: can patient sue hospital for negligence in fall? (Hospital Law Decisions of Note).
COURT'S OPINION: The Court of Appeal of California reversed the judgment of the lower court. The court held, inter alia, that the patient's allegation that the hospital's negligence during the 72-hour hold proximately caused her injuries was not in any way related to the immunity the hospital had under the "hold" law. The court decided that the lower court erroneously assumed that the hospital was exempt from "all" liability from any negligence on its part that may have occurred during the "lawful" 72-hour hold. The court made it clear that this was not a correct interpretation of the 72-hour hold pursuant to which a hospital is immune from suit for holding a patient. The court held that the only relevant inquiry in the case was whether the hospital was liable for the plaintiff's injuries, which were allegedly caused by its failure to use due care in administering treatment to her. Because the hospital could not say that as a matter of law, the hospital did not breach the applicable standard of care, the court had no recourse but to reverse the judgment of the lower court. Jacobs v. Grossmont Hospital, 433 Cal.Rptr. 2d 9 -CA (2003)
A. David Tammelleo, JD, is a nationally recognized authority on health care law. Practicing law for over 40 years, he concentrates in health care law with the Providence, R.I., firm of A. David Tammelleo & Associates. He has presented seminars on medical, nursing and hospital law throughout the United States. In addition to his writings as Editor of Medical Law's. Nursing Law's & Hospital Law's Reagan Reports, his legal articles have been published in the most prestigious health law journals. A prolific writer, his thousands of articles, as well as his achievements as an attorney and lecturer, have won him recognition in Martindale-Hubbell's Bar Register of Preeminent Lawyers, Marquis Who's Who in American Law, and Who's Who in America.
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|Author:||Tammelleo, A. David|
|Publication:||Hospital Law's Regan Report|
|Date:||May 1, 2003|
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