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OKLAHOMA COUNTY • CJ-2026-1680

Michelle L. Smith v. Mercy Hospital Oklahoma City, Inc.

Filed: Mar 6, 2026
Type: CJ

What's This Case About?

Let’s get one thing straight: you do not go into a hospital for round-the-clock care and come out with festering pressure sores like you’ve been left on a gurney since the Bush administration. But according to Michelle L. Smith, that’s exactly what happened at Mercy Hospital Oklahoma City, Inc.—and now she and her husband are suing for $75,000, plus punitive damages, because allegedly, the hospital didn’t just drop the ball—they sat on it. And by “it,” we mean Michelle’s poor, unattended body.

Michelle and her husband, John Paul Smith, are Oklahoma County residents who, like the rest of us mere mortals, probably assumed that walking into a hospital meant walking into a zone of basic human dignity and medical competence. You know, the kind of place where someone checks your vitals, turns you over in bed every few hours, and doesn’t let your skin rot off because no one bothered to move you. Michelle was admitted to Mercy Hospital on August 20, 2024—yes, the filing says “on or about,” which is lawyer-speak for “we’re not totally sure of the exact date, but it was around then, and also, it was bad.” While there, she was under the “exclusive care, custody, and control” of the hospital, which sounds like a phrase from a hostage negotiation, but in healthcare terms, it means: you are literally in their hands. And, according to the Smiths, those hands were doing absolutely nothing to prevent her from developing pressure sores—also known as decubitus ulcers, which, for the uninitiated, are not just a rash you get from sitting too long at a Zoom meeting. These are open wounds that form when blood flow is cut off to areas of skin pressed against a surface for too long—like, say, a hospital bed. Left untreated, they can go full horror movie: deep, infected, necrotic, requiring surgery, skin grafts, or worse. And according to the petition, that’s exactly what happened to Michelle.

Now, let’s be clear—this isn’t about a single missed check-in. This is about systemic neglect. The Smiths’ lawsuit claims that Mercy Hospital’s staff failed to meet the most basic standard of care for immobile patients, which includes regular repositioning, skin assessments, proper nutrition, and pressure-relieving devices. You don’t need a medical degree to know that if someone’s stuck in bed, you move them. It’s Hospital Care 101. But somehow, at Mercy Hospital, this apparently wasn’t in the syllabus. The petition alleges that Michelle developed these sores while under 24/7 medical supervision, which is like getting food poisoning at a five-star restaurant and being told, “Well, we do serve food here, but we don’t guarantee it won’t kill you.” The injuries, the Smiths say, led to permanent physical impairment, disfigurement, ongoing pain, and a laundry list of medical expenses—past and future. And for John Paul? He’s not just dealing with his wife’s suffering—he’s suing for loss of companionship and “consortium,” which is a fancy legal way of saying: “I’ve lost my partner in life, not just in marriage, because she’s in constant pain and can’t do the things we used to do.” It’s the kind of claim that sounds dramatic until you realize it’s about the quiet erosion of a life together—something no one thinks about until it’s gone.

So why are they in court? Legally speaking, the Smiths are alleging negligence—a big word that, in plain English, means: “You had a duty to care for my wife, you failed to do so, and she got seriously hurt because of it.” They’re not accusing the hospital of poisoning her or performing surgery with a butter knife. They’re saying the staff didn’t do the bare minimum to prevent a completely avoidable condition. And because the hospital employees were acting within the scope of their jobs when this happened, the hospital itself is on the hook under a legal doctrine called respondeat superior—Latin for “the boss pays when the employee screws up.” It’s not about blaming one overworked nurse (though, let’s be real, staffing issues are a huge part of why this kind of thing happens). It’s about holding the institution accountable for creating conditions where preventable harm can occur.

Now, here’s where it gets spicy: the Smiths are also putting Mercy Hospital on notice that they might seek punitive damages. That’s not just about covering medical bills or lost wages. Punitive damages are the legal equivalent of a slap on the wrist with a rolled-up newspaper—except the newspaper is made of money and the slap is meant to hurt. They’re awarded when a defendant’s behavior is so reckless or indifferent that the court says, “Hey, we need to punish you so you don’t do this again.” The petition calls the hospital’s conduct “outrageously reckless” and “willful, wanton, and intentional,” which is a strong claim—especially since hospitals don’t usually want their patients to develop open wounds. But the implication is clear: this wasn’t a one-off mistake. It was a pattern of neglect so severe that it crossed the line from “oops” to “unconscionable.”

And then there’s the money: $75,000. Is that a lot? For a hospital? Not even a rounding error. Mercy Hospital Oklahoma City is part of a massive Catholic health system that owns hospitals across multiple states. $75,000 might cover a few months of HVAC maintenance. But for Michelle Smith? That could be years of medical care, pain management, and therapy. It’s not a jackpot—it’s a shot at some measure of justice for a life disrupted. And remember, they’re demanding a jury trial, which means they don’t want a judge quietly settling this. They want twelve of their peers to hear the story, look at the facts, and say, “No, this should not have happened.”

Our take? The most absurd part isn’t even the pressure sores—it’s the audacity of expecting basic care in a hospital and not getting it. We live in a world where you can get a salad delivered in 15 minutes, but somehow, we can’t ensure that hospitalized patients are turned in bed every few hours? This isn’t rocket science. It’s not experimental medicine. It’s basic hygiene. And yet, cases like this happen all the time—because hospitals are understaffed, overworked, and often more focused on billing codes than bedsores. The Smiths aren’t asking for a million dollars. They’re not demanding a public apology or a statue. They’re asking for accountability. And honestly? We’re rooting for them. Not just because the facts seem stacked in their favor, but because this case is a wake-up call: healthcare isn’t just about curing disease. It’s about preserving dignity. And if a hospital can’t even do that, what are we paying for?

So here’s to Michelle L. Smith—the woman who walked into Mercy Hospital for care and walked out with wounds that never should’ve formed. And here’s to John Paul Smith, who’s fighting not just for his wife, but for the idea that love shouldn’t come with a side of legal paperwork. We’re not lawyers. We’re not doctors. But we are people who believe that no one should suffer needlessly in a place meant to heal. And if that means Mercy Hospital has to pay up? Well, maybe that’s the real medicine they need.

Case Overview

$75,000 Demand Jury Trial Petition
Jurisdiction
District Court of Oklahoma County, Oklahoma
Relief Sought
$75,000 Monetary
$1 Punitive
Plaintiffs
  • Michelle L. Smith individual
    Rep: Derek K. Burch, OBA #13004, Burch, George & Germany, P.C.
  • John Paul Smith individual
    Rep: Derek K. Burch, OBA #13004, Burch, George & Germany, P.C.
Claims
# Cause of Action Description
1 negligence Plaintiffs claim that Defendant's negligence caused severe injuries to Michelle L. Smith, including pressure sores and decubitus ulcers.

Petition Text

577 words
IN THE DISTRICT COURT OF OKLAHOMA COUNTY STATE OF OKLAHOMA MICHELLE L. SMITH and JOHN PAUL SMITH, Plaintiffs, v. MERCY HOSPITAL OKLAHOMA CITY, INC., Defendant. PETITION COMES NOW, the Plaintiffs, Michelle L. Smith and John Paul Smith, and for their claims for relief against the Defendant, Mercy Hospital Oklahoma City, Inc., and for each of them, alleges and states as follows: 1. The Plaintiffs, Michelle L. Smith and John Paul Smith, are, and at all times relevant to this action was, a citizen and resident of Oklahoma County, State of Oklahoma. 2. Defendant Mercy Hospital Oklahoma City, Inc. (hereinafter, "Mercy Hospital") is an Oklahoma health care facility licensed and authorized to conduct business in the state of Oklahoma in Oklahoma County. 3. On or about August 20, 2024, Michelle L. Smith was admitted to Mercy Hospital in Oklahoma City, Oklahoma and was under the exclusive care, custody and control of Mercy Hospital and its agents, servants and/or employees, for the purpose of receiving around-the-clock medical care. 4. While admitted at Mercy Hospital and under the exclusive care and control of the Defendant, Mercy Hospital, Michelle L. Smith received negligent treatment that was below the standard of care which caused severe injuries to Michelle L. Smith including the development of pressure sores and decubitus ulcers all of which were a direct and proximate result of the negligence of the agents, servants and/or employees of the Defendant, Mercy Hospital. 5. The injuries suffered by Michelle L. Smith were the proximate result of the negligence of the Defendant, Mercy Hospital, in failing to meet the standard of care for treatment of patients such as Michelle L. Smith, including, but not limited to the development and advancement of decubitus ulcers and infection. Michelle L. Smith’s injuries were caused by the negligence of the agents, servants and/or employees of the Defendant, Mercy Hospital, while the agents, servant and/or employees were acting in the course and scope of their employment and the Defendant, Mercy Hospital is therefor liable to Michelle L. Smith under the theory of respondeat superior. 6. As a direct and proximate result of the negligence of the Defendant, Mercy Hospital, Plaintiffs have incurred substantial past medical expenses and Plaintiff will incur future medical expenses, the Plaintiff, Michelle L. Smith suffers from permanent physical impairment and disfigurement, and she has suffered and continues to endure substantial mental and physical pain and suffering, and has sustained substantial economic losses. Plaintiff, John Paul Smith, has also suffered the loss of companionship, services and consortium due to Defendant’s acts and omissions as set forth above. Plaintiffs have been damaged in an amount in excess of Seventy-Five Thousand Dollars ($75,000.00). 7. The conduct of Defendant, Mercy Hospital, by and through its agents, servants and/or employees was outrageously reckless and rose to the level of willful, wanton and intentional conduct, for which the Defendant, Mercy Hospital, is hereby placed on notice that Plaintiffs may seek an award for punitive damages. WHEREFORE, PREMISES CONSIDERED, Plaintiffs, Michelle L. Smith and John Paul Smith, respectfully request that this Court enter judgment against the Defendant, Mercy Hospital, as set forth herein above in an amount in excess of Seventy-Five Thousand Dollars ($75,000.00), together with attorney’s fees, interest and costs of this action and for such further relief as this Court deems just and equitable. DEREK K. BURCH, OBA #13004 BURCH, GEORGE & GERMANY, P.C. 3815 North Classen Boulevard Oklahoma City, Oklahoma 73118 Telephone: (405) 239-7711 Facsimile: (405) 239-7795 [email protected] Attorneys for Plaintiff ATTORNEY’S LIEN CLAIMED
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