Utah County v. Intermountain Health Care, Inc



Utah County v. Intermountain Health Care, Inc

Background of the case

Many of the facts of this case are in dispute because this appeal arises from the trial court's grant of summary judgment in favor of IHC. They recite the facts in the light most favorable to Morgan, except as noted. In June 1998, Morgan was involved in an automobile accident and sustained injuries to her head, neck, and back. As a result, on February 27, 2003, she underwent back surgery at an IHC-owned hospital. The surgery involved harvesting bone from her right hip. The following morning, Morgan could not feel or move her right leg. She was unable to get out of bed to use the bathroom and therefore requested a bedpan from the nurse on duty. The Nurse told her that LDS Hospital did not use bedpans. Morgan stated that she had used one throughout the night following her surgery. When Morgan insisted that the Nurse bring her a bedpan, the Nurse replied, you are getting up. Morgan alleges that the Nurse then proceeded to put her right arm across underneath left arm and across the chest and grabbed under the right armpit, and then she took her left hand on top and proceeded to try to pull and jerk her forward and up and over the railing of the bed to put her on my feet. Morgan felt a horrible pain and let out screams. At this point, the Nurse dropped Morgan and Morgan fell back onto the bed. Morgan's pain level increased thereafter and she was later discovered to have tears in the rotator cuffs in both her shoulders, requiring surgery. She filed suit against IHC, alleging medical malpractice, negligence, and, vicarious liability (Alonzo, 1998, 122).

This was not Morgan's first medical issue relating to her neck and shoulders. In 1970, she dislocated her shoulder and had a staple inserted and removed. After the car accident in 1998, Morgan began repeatedly seeing Dr. Stephen Warner. In 1999, Dr. Warner noted that Morgan complained of neck pain, headaches, and bilateral arm pain and numbness. In 2001, Dr. Warner noted that Morgan complained of right shoulder pain and numbness in both of her arms; he also noted her previous shoulder surgery. In January 2003, Dr. Warner noted that Morgan suffered from neck pain followed by pain and numbness in her left arm. He also noted that rotating her shoulders precipitated shoulder and arm pain. In July 2008, IHC designated a list of expert witnesses, including Dr. Bruce Evans. Based on his review of relevant medical records and deposition testimony, Dr. Evans opined in an affidavit that Morgan's shoulder problems pre-existed her surgery in February 2003. Dr. Evans cited Morgan's dislocated shoulder and subsequent surgery in 1970, her 1998 car accident and subsequent bilateral shoulder pain, and her shoulder pain before the 2003 surgery. Dr. Evans also opined that it was “hard to imagine that both” of Morgan's rotator cuffs could have been torn ...