Plaintiff presented to a local area hospital after sustaining an injury to his left thumb from use of a nail gun two days earlier and was diagnosed with an infection of the left thumb. While at the emergency room, plaintiff was treated with antibiotics which were administered through IV infusion in his right arm and was discharged with instructions to take oral antibiotics and to follow up with his primary care physician in two days. On the evening of the following day, plaintiff developed weakness and numbness in his right arm and hand. Thereafter, plaintiff sued Mrs. Baynes’ client, the hospital, claiming that the hospital’s nurse negligently inserted the IV needle and caused permanent injury to the posterior interosseous nerve, resulting in reduced strength and mobility of his dominant hand.
At the close of proof at trial, Mrs. Baynes moved for a directed verdict in favor of the hospital, arguing that the plaintiff had failed to establish by competent medical evidence that the hospital was negligent in the method employed to insert IV needles or that any negligence caused injury to the plaintiff. The court granted the motion and dismissed the plaintiff’s complaint with prejudice.
About Kathleen McCaffrey Baynes: Ms. Baynes practices primarily in complex and multi-party litigation, particularly in the areas of construction and Labor Law, premises liability (commercial/retail and residential); personal injury; leasing and related contractual and insurance coverage issues; construction and Labor Law; interpretation, application and coverage under liability, disability and life insurance policies and annuities; pollution/Navigation Law claims, and professional liability. Her practice encompasses all aspects of litigation, including trial, appeals, arbitration, mediation, and administrative proceedings, about which she has lectured on a local, regional, and national level.
