McRay v. Booker T. Washington Nursing Home

Golden McRay Jr. was admitted to Booker T. Washington Nursing Home (BTW) (defendant) in May of 1990. A few months later, Golden was transferred to another nursing home, where providers discovered that he had severe bed sores that had become infected. Golden was hospitalized in critical condition and later died from the infection. Golden’s widow, Virginia McRay, and children (plaintiffs) sued BTW for malpractice. BTW never filed an answer, and the McRays requested a default judgment. To obtain the default judgment in their favor, the McRays needed to present competent evidence to convince the court that the McRays would have prevailed if the matter had gone to trial. At the hearing to confirm the default, Virginia testified that she complained to BTW staff about Golden’s bedsores but never saw the staff treat the bedsores. Virginia then complained to the Louisiana Department of Health and Hospitals (DHH), which conducted an investigation that ultimately led to Golden’s transfer to the other nursing home and his subsequent hospitalization. Virginia also testified that Golden’s doctor told her that Golden died of infection from the bedsores. In addition to her testimony, Virginia sought to introduce a letter from DHH to Virginia’s former counsel, along with two DHH interoffice communications discussing DHH’s investigation into BTW’s treatment of Golden. The first communication contained allegations about Golden’s bedsores. The second communication contained the results of DHH’s investigation into the allegations, including DHH’s factual findings. The trial court admitted the documents into evidence and ultimately entered a default judgment against BTW. BTW appealed.