Gasteazoro v. Catholic Health Initiatives Colo. (Summary)

CORPORATE NEGLIGENCE/MALPRACTICE

Gasteazoro v. Catholic Health Initiatives Colo., No. 13CA0648 (Colo. Ct. App. Oct. 9, 2014)

The Colorado Court of Appeals affirmed a trial court’s ruling in favor of a hospital in a malpractice case, finding there to be no error in the jury instructions pertaining to a nurse’s exercise of judgment in providing patient care. A patient came to a hospital emergency room with symptoms of nausea, dizziness, neck pain, and a headache. The ER physician diagnosed the patient with a cervical sprain, and ordered that she be discharged, despite the fact that her blood pressure remained elevated. Ten days later, the patient experienced a ruptured brain aneurysm, resulting in a hemorrhagic stroke and serious injuries. The patient sued the ER physician for failure to properly diagnose her symptoms and a nurse who aided in her treatment, alleging that the nurse should have challenged her discharge orders because her vital signs (i.e., blood pressure) were unstable. At trial, a neurosurgery expert testified on behalf of the ER physician that the patient’s ailments were not symptomatic of a sentinel bleed from an aneurysm. At the end of the trial, the court instructed the jury that, much like a physician, an unsuccessful outcome does not mean that a nurse was negligent and that a nurse may not be negligent if he or she exercises his or her best judgment in a patient’s care.

The appellate court found the trial court did not err in overruling the patient’s objection to testimony from the neurosurgery expert, as the expert merely relayed opinions related to his specialty and did not stray from the stipulated line of questioning. The appellate court also found that the trial court did not abuse its discretion by including nurses in its “exercise-of-judgment” jury instruction, as language in various state laws supports the extension of protection to health care professionals such as nurses. Additionally, the court noted that existing hospital policy directs nurses to use “good clinical judgment” in carrying out physician orders.