The plaintiffs, the estate and family members of Sandra Zarubiak, brought a medical negligence action against Dr. John Luce, Nurse Kathy Cull, and the Niagara Health System.
They alleged that Sandra's discharge from the hospital, despite her deconditioned state and fall risk, led to a subsequent fall, lacerations, and a fatal infection.
The court found that neither Dr. Luce nor Nurse Cull breached the standard of care, concluding that Dr. Luce's decision was a matter of professional judgment, and Nurse Cull's actions were meticulous.
Furthermore, the court determined that the plaintiffs failed to establish causation, as the source of the fatal infection could not be definitively linked to the fall or pre-existing wounds, with both theories being equally plausible.
The action was dismissed.
