The moving party hospital sought summary judgment dismissing a medical negligence action arising from a post-surgical brain infection allegedly caused by a nurse’s failure to report purulent drainage from a patient’s incision prior to discharge.
The plaintiffs alleged the nurse negligently allowed discharge without informing the treating physician or properly documenting the observation.
The court held that the motion record permitted a full appreciation of the issues and that the circumstantial and usual-practice evidence supported the inference that the nurse had reported the drainage to the physician and complied with the applicable standard of care.
The plaintiffs failed to produce evidence contradicting the nurse’s usual practice or establishing causation between any alleged failure and the injury.
Summary judgment was therefore granted dismissing the claims and cross‑claims against the hospital.
