Alabama Jury Awards Estate of Patient $4 Million In Punitive Damages In Medical Malpractice Action After Hospital Failed To Prevent Fall And Resulting Head Injury Causing Death
On Aug. 21, 2007, Thomas Doster was admitted to Long Term Hospital of Dothan with a medical history of Myasthenia-Gravis, coronary artery disease, hypertension, and a history of chronic renal insufficiency. At some time during or after his admission, Mr. Doster allegedly underwent a physical therapy assessment which scored Mr. Doster as a high risk for falls. On Sept. 1, 2007, Mr. Doster was found on the floor of his room at Long Term Hospital of Dothan with lacerations to his face above the left eye. The records reflected that the physician was notified at 2:30 p.m., and an order for administration of the drug Geodon was entered. Mr. Doster died on Sept. 2, 2007.
Plaintiff Karren Hughes, as executrix of the Estate of Thomas Doster, filed a medical malpractice action on Aug. 14, 2009, against defendants Long Term Hospital Of Dothan, LLC; Noland Health Services, Inc.; Noland Health Services d/b/a Long Term Hospital of Dothan; and Marvin Walker Sexton, M.D. Plaintiff claimed that defendants were negligent in (a) failing and/or refusing to put a care plan into place for fall prevention for Mr. Doster and failing to keep him restrained; (b) failing and/or refusing to perform a CT/CAT Scan or other diagnostic test after Mr. Doster’s fall; (c) obtaining a DNI and/or DNR from Mr. Doster during a time when he was not fully mentally capable of agreeing to such matters; and (d) ordering the administration of the drug Geodon, which is contraindicated for use with elderly patients and patients with a history of head injury. Dr. Sexton was dismissed with prejudice by stipulation of the parties on June 15, 2011. The hospital argued that the medical records were incorrect and that Mr. Doster never actually fell, or that the term “fall” had a separate definition in the medical context, and that his death was a coincidence.
On March 26, 2016, following a jury trial before Judge Brady Mendheim, the jury returned a verdict awarding plaintiff $4,000,000 in punitive damages. Plaintiff was represented by Rip Andrews and Ben Ford of Marsh, Rickard & Bryan, P.C., Birmingham, AL, and Todd Derrick of Hall, Derrick & Associates, Dothan, AL. Defendants were represented by Joseph L. Reese, Jr., of Starnes Davis Florie, LLP, Birmingham, AL, and Alan C. Livingston of Lee, Livingston, Lee & Nichols, P.C., Dothan, AL.
For more insight on the case, including expert information see Karren Hughes, as Executrix of the Estate of Thomas Doster, v. Long Term Hospital of Dothan, et al., 2011 Jury Verdicts LEXIS 1243. https://advance.lexis.com/api/permalink/fd647356-d538-429d-ad33-639e69ba4ff4/?context=1000516