Nature of the Case
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Facts
Chapman and Butler, certified nursing assistants worked at D, a nursing home. They attempted to transfer P, a 78-year-old resident, from her wheelchair to her bed using a device known as a Hoyer lift. P fell approximately 18 inches and hit the bar of the Hoyer lift, fracturing the tibia and fibula on both legs. P died approximately two weeks later, apparently of unrelated causes because there were no allegations that the fall contributed to her death. P brought suit against D, alleging common-law negligence and violation of the Nursing Home Care Act. P presented the testimony of an operations manager for Heckman Health Care, and Mary Hendricks, a registered nurse. D called Pamela Sue Brown, holder of a Ph.D. in nursing, who testified as to the nursing standard of care in the use of the Hoyer lift. She reviewed numerous documents, including the pleadings, medical records, and discovery documents. Chapman and Butler, the two CNAs who moved P using the Hoyer lift, also testified about what occurred when P fell. P objected to the professional malpractice instruction because it did not apply to the negligence of the CNAs in the nursing home. The court instructed the jury on professional negligence. The jury returned a verdict in favor of D. P appealed.
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