Unanimous Jury Verdict Secured for Hospital System in Thermal Burn Malpractice Case
Our attorneys represented a large hospital system in a four-day jury trial involving a post-partum patient who, while still affected by an epidural, requested a mug of warm water from nursing staff. The mug was filled half with hot water from the coffee maker and half with cold tap water.
The patient tucked the mug between her side and the bed rail after her baby was handed to her. Due to the epidural, she could not feel the warmth, and the mug remained in place long enough to cause third-degree thermal contact burns. The plaintiff alleged the water was unreasonably hot and that the nursing staff should have placed it on a bedside table rather than handing it directly to her.
The defense team successfully demonstrated that no treatise, guideline, or training material prohibited nursing staff from handing a post-partum patient hot water. In closing arguments, the plaintiff sought $500,000 for pain, suffering, and permanent scarring.
After approximately two hours of deliberation, the jury returned a unanimous no negligence verdict in favor of the hospital.
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