Lyons v. Lutheran Hosp. of Ind.

GENERAL NEGLIGENCE

Lyons v. Lutheran Hosp. of Ind., No. 104CV0728DFHVSS (S.D.
Ind. Sept. 15, 2004)

The
family of a patient who slipped in the hospital, hit her head, and died from
her injuries sued the hospital alleging premises liability. There was a dispute
amongst the parties over whether the slip-and-fall claim was truly a premises
liability claim or a claim for medical malpractice. The U.S. District Court
for the Southern District of Indiana reviewed Indiana law that draws the distinction
between malpractice and other negligence claims. The court noted one case where
an anesthetized patient fell out of bed because the nurses had failed to raise
the guard rails. That case was found to be one for malpractice. By contrast,
a patient in another case was found to have a claim for premises liability
when the patient fell out of bed after a bedrail gave way. The district court
in this case concluded that the complaint’s statement that the patient "slipped,
fell, and struck her head as a result of the negligence of the Hospital" was
not sufficiently detailed for the court to determine whether or not the claim
was one for malpractice or premises liability.