Staff at Arkansas Hospital Accused of Malpractice

By Daniel Hawn

Published on August 08, 2005

In October 2004, Erwin Lax went to the emergency room at St. Joseph's Mercy Health Center reporting feelings of clamminess. He returned to the facility a week later to undergo open-heart surgery.

Lax, who works in Garland County as an optometrist, claims that while he was recovering from surgery, the hospital staff failed to put his bed rails in the upright position.

The lawsuit, which was filed July 11, alleges that Lax fell out of his bed on two separate occasions as a result. According to the lawsuit, Lax incurred a serious back injury on the second fall and had to undergo surgery to repair the damage.

Following the first alleged fall, the lawsuit states that Lax's wife and other family members as well as his friends expressed concern about the possibility of him falling again and repeatedly asked hospital staff to ensure that his bed rails were properly positioned.

Attorneys for the health center are denying that the members of hospital staff acted negligently.