The following blog entry is written to illustrate an example of an injury case. Reviewing this kind of lawsuit should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this big rig accident lawsuit and its proceedings.)
FACTS/CONTENTIONS
According to Defendant: On February 12, 2007, at approximately 11:00 p.m., decedent Sam Watson, 89 years old, was admitted by paramedics to the ER of defendant ABC Hospital (“ABC”) after he called 911. The paramedics reported to the ER physician that they had found decedent in his apartment amidst conditions that suggested elder abuse by his caretaker.
Although the patient’s only recorded complaint was being hungry, upon examination he was found to be dehydrated, malnourished, over-anticoagulated on Coumadin, and to have an apparent old fracture of his right hip. He also had pneumonia, hypoxia, and was “possibly demented.” Because his primary care physician, Dr. Park, was not on staff at ABC and could not be reached, he was admitted to the service of internist Sal Reason, M.D., who was on call to the ER. Dr. Reason had no prior relationship with the patient.
A plan for stabilization of the various conditions was established by Dr. Reason, who called in various consultants for assistance. Among the consultants was defendant Pat Haim, M.D., an orthopedist, to consult on the obviously fractured leg. In his history and physical note, Dr. Reason also indicated, among other conditions, “possible dementia.”
Dr. Haim saw the patient on February 13, 2007, and by then both a plane x-ray and a CT of the right hip demonstrated an old, complete intertrochanteric fracture of the right hip, with about 3 inches of displacement of the femoral shaft. Dr. Haim recommended a right hemiarthroplasty (partial artificial hip replacement) to be done after the patient’s condition was sufficiently stabilized for surgery.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
The patient’s daughter, plaintiff Sasha Jimerson, claimed she overheard Dr. Haim promising the patient that if he had surgery, he would be up and walking in no time. She claimed she confronted Dr. Haim about this prognosis and knew her father would never be able to walk again. She told him that she was against the surgery, but she had no power of attorney for health care decisions. Dr. Haim recalled that Jimerson was against surgery, but the patient was mentally competent to make his own decisions, and the patient wanted surgery. He also confirmed that Jimerson produced no legal authority to make health care decisions for her father.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.