Plaintiff, a 62 year old man, was admitted to defendant’s hospital for surgical treatment. He claimed that he suffered from nicotine withdrawal which caused behavioral changes resulting in him becoming agitated and demanding to be discharged. Co-defendant Surgeon cleared plaintiff for discharge but he returned later that afternoon with post-operative complications. There was discrepancies as to knowledge of plaintiff’s level of nicotine addiction. Physician orders as to nicotine replacement doses and hospital policy regarding patient access to nicotine while admitted. The matter was resolved through informal negotiations amongst all parties.
October 2023