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Health Law Keyed to Furrow
Marsh v. Arnot Ogden Medical Center
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Leslie E. Marshall (the decedent whose estate is represented by the executor "Marsh") (Plaintiff) was a patient in a hospital operated by Arnot Ogden Medical Center (referred to hereafter as "AOMC") (Defendant) when Jane Doe (Defendant), a registered nurse employed by AOMC (Defendant), injected him by mistake with an insulin-reducing medication that had not been prescribed for him which then caused his death. The attending physician, Dr. Abderhalden-Friend (Defendant), instructed Doe (Defendant) to monitor the glucose level of decedent every two hours and to call her at home if decedent's level fell below 120. The next testings revealed that decedent's glucose level was 132 at 8:15 p.m. and 107 at 10:15 p.m. After receiving the second test result, the attending doctor allegedly instructed the glucose testing be stopped until the next morning. After the decedent was tested at 6:15 a.m. the next morning and showed a glucose level of 15, he died shortly afterwards. Plaintiff alleged that just before the decedent was injected with the medication, decedent's daughter specifically warned that the decedent was not a diabetic and did not use insulin. Doe (Defendant) went ahead and injected the medication without determining decedent's identity and without confirming that a doctor had ordered the medication for this patient. It was later determined that the cause of death was insulin overdose due to the medication error. Afterwards, Plaintiff filed suit against AOMC (D), Doe (Defendant), and Dr. Abderhalden-Friend (Defendant) for negligence and medical malpractice seeking punitive damages, among other things. The Defendants' motion for partial summary judgment dismissing the punitive damages claim against them was granted by the trial court. Plaintiff appealed.
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