Crosthwait v. Southern Health Corporation of Houston, Inc.

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The circuit court granted summary judgment in favor of Southern Health Corporation of Houston, Inc. d/b/a Trace Regional Hospital, and Marcia Morgan, a registered nurse. Aggrieved, Ruth Crosthwait appealed to the Supreme Court, which in turn assigned this case to the Court of Appeals. In a four-four plurality opinion (two judges not participating), the Court of Appeals affirmed the trial court’s grant of summary judgment. The case arose from a slip and fall incident at the hospital: Crosthwait was admitted to Trace Regional Hospital for treatment of fluctuating blood sugar stemming from diabetes. Crosthwait was eighty-two years old, lived alone, and generally could walk without assistance. While she was hospitalized, Crosthwait's attending physician instructed her to ring a bell to have a nurse assist her when she rose from her hospital bed. In 2008, Crosthwait was preparing to leave the hospital, and she decided to take a shower. Crosthwait called for Marcia Morgan to assist her with undressing. Crosthwait walked into the bathroom unassisted. Morgan offered Crosthwait a shower stool, which she accepted. Morgan then left and returned with a chair, which she placed in the shower. While Crosthwait showered, Morgan told Crosthwait she would have to leave to attend another patient. When Morgan returned, she turned off the shower and Crosthwait exited the shower. It was undisputed that the fall caused Crosthwait significant injury, including a broken hip and a loss of mobility and independence. Crosthwait filed suit against the hospital and Morgan. The hospital and Morgan filed a motion for summary judgment arguing that Crosthwait's action was for medical malpractice, and summary judgment was proper because, among other things, Crosthwait needed expert testimony to establish the duty of care owed to her by the hospital and to show whether that duty had been breached. Crosthwait responded that the claim was for ordinary negligence, for which expert testimony was not required. The circuit court granted the hospital’s motion, and Crosthwait appealed. Upon review, the Supreme Court agreed with the Court of Appeals and affirmed the trial court's grant of summary judgment. View "Crosthwait v. Southern Health Corporation of Houston, Inc." on Justia Law