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Keywords

contractbreach of contractnegligencemalpracticeseizure
damagesnegligenceseizure

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Davis v. John Hopkins Hosp., Not Reported in A.2d, 1991 WL 3387

Facts

Bobby Davis, diagnosed with severe medical conditions, was a patient at Johns Hopkins Hospital. On March 2, 1983, after experiencing a seizure, he was transported by ambulance to a rendezvous point for a helicopter transfer to Hopkins. However, the PICU was on 'fly-by' status due to capacity issues, and the paramedics were directed to take Bobby to another hospital. After some delay, Bobby was admitted to the PICU but suffered severe brain damage during the process. The Davises later sought to hold Hopkins accountable for negligence, abandonment, and failure to provide medical records.

Bobby was born on December 12, 1979. At about eight months old, Hopkins diagnosed that Bobby suffered from status epilepticus, a disorder in which the victim sustains a series of prolonged seizures accompanied by difficulty in breathing.

Issue

The main legal issues were whether there was sufficient evidence to support claims of negligence, abandonment, breach of contract, and failure to provide medical records by Johns Hopkins Hospital.

The court in the case sub judice found insufficient evidence of abandonment: The abandonment which is Count Five, requires an obligation to treat. Treatment has begun and after treatment is terminated without alternative care which causes damages.

Rule

A hospital is not under a duty to accept a patient if it does not have the facilities to treat them properly, and negligence in medical malpractice requires proof of a duty, breach of that duty, and resulting injury.

A hospital cannot reasonably be required to render medical aid when it does not have the facilities to do so.

Analysis

The court found that Johns Hopkins Hospital did not owe a duty to admit Bobby when the PICU was on fly-by status, as the hospital's procedures were in line with established medical protocols. The court noted that the PICU was at capacity and that the MIEMS System directed patients to the nearest capable facility. The delay in Bobby's admission was not deemed a termination of care but rather a necessary procedure to ensure he received appropriate treatment.

The court granted judgment for Hopkins on the issue of negligence because it found as a matter of law that Hopkins owed no duty to Bobby to accept him into the PICU when it was on fly-by status.

Conclusion

The court ruled in favor of Johns Hopkins Hospital, concluding that the hospital was not negligent in its actions and had no duty to admit Bobby under the circumstances presented.

The court ruled in favor of Johns Hopkins Hospital, concluding that the hospital was not negligent in its actions and had no duty to admit Bobby under the circumstances presented.

Who won?

Johns Hopkins Hospital prevailed in the case because the court found that it did not have a duty to admit Bobby when the PICU was at capacity and that the procedures followed were appropriate given the circumstances.

Johns Hopkins Hospital prevailed in the case because the court found that it did not have a duty to admit Bobby when the PICU was at capacity and that the procedures followed were appropriate given the circumstances.

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