Problem Citation: Schopp v. Our Lady of

Problem Citation: Schopp v. Our Lady of the Lake Hospital, Inc., 739 So. 2d 338, 98 1382 (La. App. 1 Cir. 6/25/99) Facts On August 2, 1993, Sophie Schopp stumbled coming from her bathroom and fell, striking her head. She was unable to get up, so she lay on the floor until approximately 8:00 AM, when a home health aide came to her home for her daily visit. Her doors were locked, but Schopp told Montgomery to go across the street and get a key, which she did. Emergency medical services arrived shortly thereafter and took Schopp to the hospital. Her friend and neighbor, Guwang, followed in her car. Schopp’s friend, Haper, also came to the hospital that morning. Schopp was taken for skull X-rays, and when she returned, the X-ray technologist, Coates, told Haper and Guwang that there had been “a little accident.” Haper testified that Coates said that the X-ray plate fell on her head. He pointed to Schopp’s head and showed Haper where it had fallen on her. Haper stated she saw no mark or bruise and thought nothing more of it. Guwang testified, however, that she pushed back Schopp’s hair and saw a blue mark on the left side of her forehead. A computed tomography scan showed that Schopp had a large acute subdural hematoma. Dr. Perone, a board-certified neurosurgeon, performed surgery to evacuate the hematoma. Although Schopp seemed to improve initially following the surgery, her health declined thereafter, and she died on August 16, 1993. Schopp’s sons filed suit against the hospital (defendant) and two of the defendant’s X-ray technologists, Coates and Smith. The plaintiffs later dismissed Coates and Smith but proceeded to jury trial against the hospital. The jury rendered a verdict in favor of the plaintiffs, and an appeal was taken for wrongful death. Issue Was Schopp’s death caused by the negligence of hospital staff dropping an X-ray cassette on her head while she underwent a skull X-ray? Holding Schopp’s death was caused by the negligence of hospital staff dropping an X-ray cassette on her head while she underwent a skull X-ray. Reason Although there was conflicting testimony as to the cause of death, Morris apparently gave the most convincing testimony regarding Schopp’s injury. Morris stated that although he did not operate, he made the diagnoses that led to surgery. He pointed out he was the one who diagnosed the subdural hematoma. He stated that there was no doubt in his mind that the incident in the X-ray room caused the hematoma. He believed that the cartridge was dropped on Schopp’s head based on her statements to him and the alarmed tone in the nurse’s voice when she called him to report the X-ray incident. He saw the soft tissue swelling on Schopp’s head and noted that the hematoma was in the exact place she had shown him where the cartridge struck her. In this case, there were two versions of the X-ray room incident—either the cartridge tilted less than an inch and barely brushed Schopp’s head, leaving no mark, or it was dropped from some distance and struck her with enough force to leave a soft tissue injury. The jury chose to believe the second version. 1. What evidence was presented?. If you were on the jury, what would your finding be, based on the facts as presented in the case? 2. If you found the defendant negligent in a malpractice case, what damages would you award, and for what reasons? 3. Discuss the court’s reasoning as to how and why it reached its decision. 4. What are your options if you, as plaintiff or defendant, are unhappy with the court’s decision? What are the lessons to be learned from the case? 5.Discuss precautions that caregivers should implement to help prevent similar injuries from occurring in the future.

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