Horizon/Cms Healthcare Corp. v. Aul

985 S.W.2d 216 (1999)

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Nature of the Case

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Facts

A survival action began as a personal injury suit brought for Martha Hary by her next friend, Francis Orr. They sued for damages proximately caused by the negligence and gross negligence of Heritage Western Hills Nursing Home, where Martha was a bedridden patient. Martha died while the suit was pending, and Lexa Auld (P), administratrix of Martha's estate, took the case forward as a survival action that was tried to a jury. P alleged that the nursing home neglected to provide Martha with medical care and treatment within the acceptable standard of care for the conditions of her health, including Alzheimer's disease, anxiety, malnutrition, emphysema, degenerative joint disease, spinal arthritis, arteriosclerosis, and incontinence. Martha's body developed pressure sores, some of which deteriorated to a condition described as Stage IV, where the tissue overlying a person's bone rots away and leaves the bone exposed. P established that (1) four basic nursing interventions were necessary to prevent Martha from developing pressure sores and contractures on her body; (2) the first intervention required that Martha be turned and repositioned regularly; (3) the second intervention required that Martha receive adequate nutrition; (4) the third intervention required that, as an incontinent patient, Martha's skin be kept clean and dry; (5) the fourth intervention required that to stimulate blood flow to the skin and prevent contractures, Martha's joints should have been treated with a passive range of motion exercises. From mid-December 1994 until she was taken from the nursing home on August 6, 1995, Martha did not receive those types of nursing care. Martha's body was not turned or repositioned during approximately 210 eight-hour shifts, totaling 1,680 hours. During the same period, Martha was not fed regularly and missed 238 meals. During the same period of months, Martha was not given incontinent care during approximately 216 eight-hour shifts, totaling 1,728 hours and no range of motion exercises were administered. Between mid-December 1994 and August 1995, Martha's body developed between nine and 12 pressure sores, at least four of which deteriorated to Stage IV, and she also developed contractures in all of her extremities. These conditions resulted in painful wound care and debridement, and when she was taken from the nursing home to the hospital, the hospital personnel considered her condition to be terminal due to the pressure sores, contractures, infection, and malnutrition. The nursing home was owned and operated by defendant Horizon/CMS Healthcare Corporation, (D). The jury found that the nursing home's negligence proximately caused Martha's injury and found $2,371,000 as actual damages. The jury found $90,000,000 as exemplary damages. This was eventually reduced to $1,541,203 and $9,483,766.