Thompson v. Washington Hospital Center

Facts

During Thompson's (Plaintiff) 1986 abortion and tubal ligation surgery at Washington Hospital Center (WHC) (Defendant), the anesthesiologist improperly inserted an endotracheal tube. By the time the mistake was found, Plaintiff suffered brain injuries that put her in a permanent vegetative state. Part of Plaintiff's suit claimed that Defendant was negligent by not providing an end-tidal carbon monoxide monitor, which would have warned the doctors that Plaintiff was not getting enough oxygen to her brain. Plaintiff's expert, Dr. Steen, testified that he believed monitors were required in operating rooms by 1986, the monitors were available at his hospital, and that monitors were "recommended" in publications he read and described their use as an "emerging" practice. Evidence was shown that at least four other hospitals were using monitors by 1986. Defendant's expert testified that Defendant used monitors and that many hospitals were currently having them installed. A requisition form for monitors submitted by Defendant's Department of Anesthesiology chairman stated that Defendant would "fail to meet the national standard of care" if monitors were not provided. The jury found Defendant negligent and awarded damages to Plaintiff. The trial judge denied Defendant's judgment N.O.V. motion. Defendant appealed, arguing that Dr. Steen failed to provide an adequate basis for his opinion that a monitor should have been provided as he gave no testimony as to the number of hospitals having monitors and he cited no written standards or authorities stating that monitors were mandatory.