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Verdicts
Attempt to Mask Negligence Theory As Breach of Warranty Claim Fails
A claim that health care providers failed to adhere to their warranty that they would keep a patient on a ventilator was an impermissible attempt to recast a medical malpractice claim as one for breach of warranty and dismissal of that claim was proper. Scott v. Beechnut Manor, 2005 Tex. App. LEXIS 4727 (6/21/05).
In 1993, Dorethea Scott suffered a stroke that left her dependent on a ventilator. Her family admitted her to Beechnut Manor nursing home, where she resided in the respiratory care unit. Scott's doctor ordered constant oxygen therapy for her. The deceased's family claimed they were assured by the administrator that Scott would be kept on oxygen at all times, but that Scott was taken off of oxygen on Dec. 27, 1994, while routine maintenance was performed on the ventilator. After completing the maintenance procedure, however, the technician allegedly failed to reconnect Scott's oxygen. Scott died later that day.
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