"Bronchitis"

Scenario: A patient admitted to a hospital for the treatment of bronchitis and back pain requested by the nursing staff for someone to repair the television set and the window blinds, which would not close. In response, two maintenance workers came to the patient's room and removed the television. The workers examined the blinds but informed the patient they could not fix them. Upon leaving, the workers promised to replace the television set but did not further comment on the window blinds. Because the sunlight coming in through the blinds was very unpleasant to the patient, she continued to ask for someone to adjust the window blinds. No one ever came to fix the blinds. The patient eventually tried to adjust the blinds herself. She got dressed in her clothes and sandals, climbing on a recliner chair trying to reach high above her head in an attempt to turn the slats of the blinds. The patient fell off of the chair and sustained an injury to her left shoulder, upper back, and cervical spine. The patient sued the hospital for the injuries she suffered.

• Analyzing this case under the theory of negligence, what elements are met or not met?
• Even if it can be proven that the hospital had a duty and breached that duty, what could the hospital possibly argue in an attempt to absolve them of liability in this case?

See, Lichti v. SchumpertMedicalCenter, 2000 LA.App.LEXIS 61 (Court of Appeal of Louisiana, Second Circuit, Jan. 26, 2000).