Response to motion for summary judgment - Kentucky.com

would Dr. Boggs call the Detention Center to ask about special circumstance
William Hayes (hereinafter “Hayes”) was a University of Kentucky (“UK”) Police Officer
assigned to the UKER on the night in question. Hayes testified that, per UK policy, he is required
to notify the police when a patient comes into the ER who appears to be the victim of a “violent
crime,” and that this was precisely what he did when Gerald arrived at the UKER. (Hayes Depo.pp.
7-9.) (Cited portions of Hayes’ deposition are attached hereto as Exhibit 9.). Hayes testified that he
did not recall anyone from the Fayette County Detention Center having any discussions with the
medical staff that evening, and Hayes certainly was not told that Gerald had fallen and hit his head
at the jail. (Id., p. 28). Hayes went on to note that Gerald was brought in to the UKER by the
emergency care (“EC”) staff, and that he did not even recall there being an officer from the jail with
the EC staff when they arrived. (Id., p. 33).
Patty Hatton was the nurse who allegedly treated Gerald at the Detention Center throughout
the night in question. After Gerald was found non-responsive and the EMTs summoned, Hatton
prepared a form known as a “Healthcare/Emergency Room Referral.” (CMS Healthcare/Emergency
Room Referral Form attached hereto as Exhibit 11; Hatton depo. pg. 95.) (Cited portions of
Hatton’s deposition are attached hereto as Exhibit 10.) Hatton testified that this form would have
gone with Gerald when he went to the emergency room. (Hatton depo., p. 96). Even though Hatton
allegedly knew that Gerald fell and struck his head, and even though she testified that she assessed
Gerald after this fall, there is absolutely no mention of the fall or head wound in this Emergency
Room Referral.
Every single witness in this action who has testified regarding this topic indicated that it is
imperative for an emergency room team to get an accurate history, particularly when dealing with
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