Case Summary

4971 Expert testimony was not needed to prove the negligence of the nurse as the alleged negligence concerning the plaintiff’s fall was within the common knowledge of laymen. Furthermore, the injection of the patient with morphine without the patient’s informed consent was medical negligence, not battery. Plaintiff could not amend his complaint to relate back for limitations purposes because the initial complaint about the fall and the amended complaint about the injection did not involve the same injury. Additionally, the claim that the fall was fraudulently concealed by injecting the morphine was without evidence. Lastly, the evidence submitted failed to show the necessary recklessness or deliberate disregard that would sustain a cause of action for elder abuse.

MASSEY v MERCY MEDICAL CENTER (Don’t Let the Patient Fall) 180 CA4 690 [See See Stevenson v. Alta Bates, Inc. 20 CA2 303(1937); Griffin v. County of Colusa 44CA2 915 (1941)]