Childs v. Weis

440 S.W.2d 104 (1969)

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Nature of the Case

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Facts

Daisy, P's wife, was approximately seven months pregnant. She was visiting in Lone Oak, Texas, and about two o'clock A.M. she presented herself to the Greenville Hospital emergency room. She was bleeding and had labor pains. She was examined by a nurse who identified herself as H. Beckham. Nurse Beckham said she would call the doctor. Beckham returned and stated 'that the Dr. said that I would have to go to my doctor in Dallas. Daisy stated to Beckham that she was not going to make it to Dallas. Beckham replied that yes, she would make it. Beckham stated that Daisy was just starting into labor and that I would make it. About an hour after leaving Daisy had the baby while in a car on the way to medical facilities in Sulphur Springs. The baby died about 12 hours later. P sued Ds, Greenville Hospital Authority, H. Beckham, and D. D filed a motion for summary judgment. D stated that he never examined or treated Daisy nor had he ever seen or spoken to her. D stated that he had never at any time agreed or consented to the examination or treatment of Daisy Childs. D recalled a telephone call received by him from a nurse in the emergency room stating that there was a negro girl in the emergency room having a 'bloody show' and some 'labor pains.' D said, 'I told the nurse over the telephone to have the girl call her doctor in Garland and see what he wanted her to do. I knew nothing more about this incident until I was served with the citation and a copy of the petition in this lawsuit.' Greenville Hospital Authority answered a request for admissions that D was a member of the medical staff of the hospital; that the hospital gives no specific instructions to doctors who are serving on the emergency service of the institution; that the hospital does not require that the physicians who are on emergency service agree to see all patients who present themselves at the emergency room and that the hospital does not require that a physician actually see all patients who arrive for treatment at the emergency room. The trial court granted D's motion and granted a take-nothing judgment in favor of D. The court severed the cause of action asserted against the Hospital Authority and the nurse. P appealed.