Hospital, Siloam Springs face malpractice lawsuit

Wednesday, April 7, 2010

— A pretrial hearing in a malpractice lawsuit against Siloam Springs Memorial Hospital is set for May 11, with the civil case to be heard in Benton County Circuit Court.

The alleged malpracticestems from a sleep study performed on Dennis Ingram at Siloam Springs Memorial Hospital on Aug. 12, 2008.

Alvin Graves or other hospital employees gave Ingram 10 milligrams of Ambien when Ingram’s oxygen level was 67 percent and his respirations were 54 per minute, the lawsuit says.

Andy Ingram, as guardian of the estate of Dennis Ingram, an incompetent, sued the hospital Aug. 17, 2009.

Hospital staff were negligent when they gave Dennis Ingram the sleep medication while his oxygen and breathing were at those levels, according to the lawsuit.

Following the alleged negligence, Ingram had a stroke which caused him to be paralyzed on his left side and blinded.

According to an answer from Siloam Springs Memorial Hospital, Ingram’s medical records show his medical condition and the care which the hospital provided him.

The hospital denied the alleged negligence or being a cause of the patient’s stroke.

The city of Siloam Springs still owned the hospital at the time of the alleged malpractice. Siloam Springs Memorial Hospital was soldto Siloam Springs Arkansas Hospital Co. on Feb. 1, 2009. The company is a subsidiary of Community Health Systems. Since the alleged malpractice was before the date the hospital was sold, Siloam Springs Arkansas Hospital Co. said it should be dismissed from the lawsuit.

A separate answer from Siloam Springs Memorial Hospital - also known as the city of Siloam Springs - listed several defenses.

The hospital denied all allegations of negligence or fault with the medical care provided to Ingram. It also denied the plaintiff was injured because of any negligence or fault of the hospital.

If any injuries occurred, they would be because of the plaintiff’s “underlying medical condition” and not the fault of the hospital, the answer stated.

James Estes of Fayetteville is the attorney for the defendants. The plaintiff is represented by Jeff Slaton and Charles Davis, both of Springdale.

Both the defendants and the plaintiff have requested a jury trial.

The plaintiff has asked for a sum in excess of federal diversity jurisdiction, which would be $75,000 and attorneys fees.

News, Pages 9 on 04/07/2010