Pickett v. Olympia Med. Ctr. — May 2016 (Summary)

BREACH OF DUTY OF CARE

Pickett v. Olympia Med. Ctr.
B260878 (Cal. Ct. App. May 25, 2016)

The Court of Appeals of California reversed a trial court’s order that dismissed a plaintiff-patient’s negligence action against defendant-medical center, which allowed the action to continue.

The patient sustained a neck injury and underwent cervical spine surgery, with the surgeon using a product that the FDA had not approved for such spine surgery, and about which it had issued a notification to health care practitioners about complications related to its use.  After the surgery, the patient experienced severe nerve pain, which required revision surgery.

The patient filed a negligence action against the medical center, which the trial court dismissed, and the patient appealed.  The appeals court relied on the principle that a hospital has a duty of care toward its patients and that it must provide procedures, policies, facilities, supplies, and qualified personnel reasonably necessary for the treatment of its patients.  The court held that the patient had sufficiently stated allegations to show a breach of the duty of care by the medical center when it failed to implement any guidelines or procedures regarding the use of the product in spine surgery, and failed to inform the patient of the FDA warning.