![]() ![]() The only evidence was that Knox’s labored, noisy breathing was a well-known post-operative complication of thyroid surgery. There was no evidence that the hematoma was due to an act of medical negligence. In particular, Alta Bates’ argument that under (I)Bird(I), Keys and Smith had to prove that Knox’s inability to breathe was due to the hematoma at the surgical site in her throat was unavailing. Saenz(I) (2002) 28 Cal.4th 910, on which Alta Bates relied, does not categorically bar plaintiffs who witness acts of medical negligence from pursuing NIED claims. Under California Supreme Court precedent, these facts could correctly be considered by the jury as showing that Keys and Smith were contemporaneously aware of Knox’s injury and of the inadequate treatment provided her by Alta Bates medical personnel. Keys and Smith further directed hospital staff to call for the surgeon to treat Knox’s breathing problems. Keys and Smith also called for help from the respiratory therapist and directed him at one point to suction Knox’s throat. Keys and Smith were present during the time when Knox had difficulty breathing and observed inadequate efforts to assist her breathing. The court of appeal affirmed, holding that Keys and Smith were contemporaneously aware of the negligence that led to Knox’s death. Alta Bates argued that there was no evidence to support the jury’s finding that Keys and Smith meaningfully comprehended the medical negligence that led to Knox’s death at the time that negligence occurred. Alta Bates appealed from the damages awards for NIED. A jury awarded Keys and Settles damages for wrongful death and Keys and Smith damages for NIED. Keys, Smith, and Keys’ sister Starlette Settles sued Alta Bates, alleging claims for wrongful death and negligent infliction of emotional distress (NIED). Both Keys and Smith were present and saw Knox’s eyes roll back and her arm go up as she stopped breathing. It was Keys who asked a nurse to call the surgeon because Knox appeared uncomfortable and her post-surgical condition was not improving. Knox’s daughter, Phyllis Keys, and sister, Erma Smith, both accompanied Knox to Alta Bates and saw her immediately after the surgery. Knox was transferred to the intensive care unit (ICU), where she died after life support was withdrawn some ten days after her surgery. Knox was without a pulse for several minutes and as a result of her blocked airway, suffered permanent brain injury. As the surgeon removed Knox’s bandages and began to remove the sutures on her incision to relieve pressure, Knox stopped breathing. The surgeon also suctioned Knox’s mouth and nose. Medical personnel twice suctioned Knox’s mouth and removed some secretions. Following the surgery, Knox had difficulty breathing. Madeline Knox underwent thyroid surgery at Alta Bates Summit Medical Center. The court held that substantial evidence supported a jury’s finding that a decedent’s family meaningfully comprehended the medical negligence that led to the death at the time that negligence occurred. The First Appellate District affirmed a judgment. ![]()
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