Hill v$.$ Ohio County

$468$ S$.$W$\mathrm{.}2$d $306(.1971)$

Smith, Special Commissioner

$[$This wrongful death case was filed against

Ohio County, Kentucky, the owner of Ohio

County Hospital. The trial court granted a

motion for summary judgment in favor of

the defendant without giving reasons for its

decision. The "uncontradicted material facts"

follow.$]$

Decedent approached Nurse Hartley $[$who

was $"$in charge of the floor," according to the

court$]$ at her desk in the hospital before $9$

am on May $12,1967,$ said that her name was

Juanita Monroe, her doctor was in Illinois, she

had come to Ohio County to attend a funeral

and she was afraid she would not be able to

get back to Illinois before she had her baby.

Nurse Hartley assumed she wanted to be

admitted for obstetrical $($herein OB$)$ care.

There were only four doctors admitted

to practice in the hospital. Nurse Hartley

consulted her list and found that Dr$.$ Beard

$($according to the doctors' informal agree$-$

ment among themselves$)$ was on call that

week. He was at the time in the operating

room. Upon Nurse Hartley's inquiry whether

to admit decedent, Dr$.$ Beard $[$replied$]$ that

he did not handle OB cases. Upon advice

from the hospital administrator that another

of the four doctors, Dr$.$ Johnson, was making

rounds, Nurse Hartley asked him the same

question and Dr$.$ Johnson replied that he did

not handle "walk$-$in OBs."

Decedent did not advise that she had

been delivered of a child at the Ohio County

Hospital in June $1964,$ admitted by Dr$.$ Charles

Price of Hartford $($one of the four doctors

practicing in the Hospital$)$ and had again con$-$

sulted Dr$.$ Price within the past year.

Decedent was advised that she could

get OB service in Owensboro and Louisville,

with doctors on call, and replied she did not

want to go to Owensboro or Louisville, but

would call a taxi to go home. Nurse Hartley

assisted her in making the call. Being advised

that decedent was still there more than an

hour later, Nurse Hartley consulted with the

hospital administrator and was told to call

Bill Danks, ambulance driver, who promptly

appeared and offered to take decedent wher$-$

ever she wanted to go$.$ She declined, and a

taxi finally took her away.

Her baby was born at home $($apparently

unattended$)$ during the night. Decedent

called Bill Danks who came immediately, and

about $6$ am called Dr$.$ Johnson, who asked

some questions concerning the state of

mother and child and advised Danks to take

them to Owensboro. Decedent was dead on

arrival at the Owensboro Hospital, some $25$

miles from Hartford.

Ohio County Hospital is a public hospital,

constructed $($at least in part$)$ with Hill$-$Burton

funds which are for construction only. It is a

one$-$floor building and the county pays the

cost of operation, including an administra$-$

tor $($not a doctor$)$ and at least two registered

nurses. There are no salaried doctors, no

residents or interns, and only four local doc$-$

tors are admitted to practice. The hospital

rules properly provide that no patient may

be admitted without an order from a doctor

to do so $[$and Kentucky law$]$ provides that

no one may practice medicine without being

licensed to do so$.$