Sanders v. St. John's Hospital and School of Nursing, Inc.

Summary

The Oklahoma Supreme Court held that the evidence created a jury question regarding whether a hospital negligently failed to protect a patient from falling out of bed. The patient's husband warned a nurse that bed rails were needed, and the nurse undertook to have them installed but failed to ensure that they were put on the bed. The court reversed the order sustaining the hospital's demurrer and remanded with instructions to grant the plaintiff a new trial.

Holdings

1. The evidence did not establish as a matter of law that the hospital was free from negligence; after receiving the husband's warning and undertaking to install bed rails, the hospital was obligated to exercise reasonable care and diligence in carrying out that undertaking, and whether it breached that obligation was for the jury.
2. The trial court erred in sustaining the hospital's demurrer to the evidence because the evidence was sufficient to require submission of the negligence issue to the jury.

Questions Presented

1. Whether the evidence presented a jury question on whether the hospital negligently failed to protect Sanders from falling after undertaking to install bed rails.
2. Whether the trial court erred in sustaining the hospital's demurrer to the evidence and overruling Sanders's motion for a new trial.

Disposition

reversed_and_remanded