Escambia County

(10) JAMES BARNHILL vs. INFIRMARY HEALTH SYSTEM, INC., d/b/a ATMORE COMMUNITY HOSPITAL (Circuit Court of Escambia County, Alabama)

County/Docket #/Judge: Escambia / CV-2015-900125 / Bert W. Rice 

Plaintiff(s) Attorney(s): Robert L. Mitchell of Cunningham Bounds, LLC, Mobile, AL

Defendant(s) Attorney(s): Bryan D. Smith of Partridge Smith, P.C., Mobile, AL; Edward T. Hines of Thompson, Garrett, et al., LLP, Brewton, AL

Age/Sex/Occupation Of Plaintiff: n/a / M / n/a

Cause Of Injury: Medical Malpractice/Nursing Care/High-Risk Fall Patient Left Unattended/Fractured Hip. On Feb. 25, 2015, plaintiff James Barnhill was admitted as a patient at Atmore Community Hospital and was identified as high-risk for falling. On Feb. 26, 2015, plaintiff claimed that he was negligently left unsupervised on the bed-side commode and fell, breaking his hip.

Plaintiff filed a medical malpractice action against defendant Infirmary Health System, Inc., d/b/a Atmore Community Hospital on July 22, 2015. Defendant claimed that the standard of care was met in that the nursing staff was honoring plaintiff’s request for privacy, instructed him not to get up on his own when he was finished and to call for assistance, and placed his call light on the bed directly in front of him within reach.

Nature Of Injury: Fractured hip.

Expert Witnesses:
Plaintiff's:
Mark Ricketts, R.N., Nursing, Augusta, GA

Defendant's:
Sylvia Thompson, R.N., Nursing, Montgomery, AL

Verdict: For Defendant on April 26, 2017.