Ky. Court Affirms Judgment for Hospital in Suit Over Patient Care

LOUISVILLE, Ky. - Kentucky's Court of Appeals on Oct. 7 affirmed a verdict for a hospital accused of causing a patient's aspergillosis through substandard housekeeping practices. Miller v. Jewish Hospital Healthcare Services Inc., No. 2004-CA-001832-MR (Ky. Ct. App.).

Dorothy Miller, who has a history of chronic obstructive pulmonary disease, was admitted to Jewish Hospital in February 2002, complaining of shortness of breath and other respiratory symptoms. Her physicians treated her for pneumonia, but when her condition deteriorated, doctors performed a bronchoscopy, which revealed the presence of aspergillus flavus, aspergillus fumigatus and norcardia, a bacteria.

Miller later underwent a biopsy, …