Galveston v. Hardy

In Galveston v. Hardy, 2 S.W.3d 607 (Tex. App.--Houston 14th Dist. 1999, pet. denied), the plaintiff alleged that the failure to properly monitor a cardiac monitor was the proximate cause of a patient's injuries and death. Id. at 608-09. While recovering from bypass surgery, the decedent "was connected to a cardiac monitor which was intended to monitor her heart's activity and signal an alarm if any problem occurred." Id. at 608. When the monitor signaled an alarm indicating heart stoppage, resuscitation efforts were not commenced until at least five minutes following the first alarm from the monitor. Id. at 608-09. The doctors were able to revive the patient, but not before oxygen deprivation left the patient on life support with severe brain damage. Id. at 609. The patient never regained consciousness and was eventually removed from life support systems. Id. The plaintiff brought a wrongful death and survival action against the hospital, alleging that the negligent use of the cardiac monitor was the proximate cause of the death of the decedent. Id. She alleged that the hospital's staff failed to properly oversee the monitor. Id. In affirming the trial court's denial of the hospital's plea to the jurisdiction, the court relied heavily on Salcedo, 659 S.W.2d at 33. The court concluded that the use of the cardiac monitor in Hardy directly affected and impacted the person whose heart condition was being monitored. See 2 S.W.3d at 610. An important point seems to be that "the cardiac monitor could only be effective . . . if it was properly monitored at all times." Id. The Hardy court continued: "Unfortunately, the person responsible for monitoring the cardiac monitor failed to do so, resulting in the death of the decedent from the very condition that the proper use of the cardiac monitor was intended to avoid." Id.