Mcgraw v. St. Joseph's Hospital

488 S.E.2d 389 (1997)

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Legal Analysis

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Nature Of The Case

This section contains the nature of the case and procedural background.

Facts

P was admitted D with shortness of breath. While four female employees of D helped him into bed, P testified that he informed them they could not do it because he weighed too much. After that statement, all he could remember is that he 'had a sensation of falling.' A short time later, he fell out of bed in the middle of the night. Yet again he was dropped while four nurses attempted to get him back in bed. P suffered injuries from the falls. P sued D for negligence for two of the drops. P claims he sustained a fractured neck and other injuries in, about and upon his arms, knees and other parts of his body. D moved for summary judgment in that P failed to produce expert testimony to show that D deviated from the standard of care and that any deviation caused injury or damage. The motion as granted, and P appealed.

Issues

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Holding & Decision

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