Elderly Woman Falls Off Bedside Commode in San Jose Medical Malpractice Lawsuit, Part 1 of 2

It is worth noting that situations similar to those described in this medical malpractice case could just as easily occur at any of the healthcare facilities in the San Jose area, such as Kaiser Permanente, Regional Medical Center, Good Samaritan Hospital, Santa Clara Valley Medical Center, or O’Connor Hospital.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury lawsuit and its proceedings.)


According to Defendant: Plaintiff Daniel Melvin was a 74-year-old woman who lived in a two-storey condominium by herself. She had a history of rheumatoid arthritis, with hand and feet deformities, as well as osteoporosis and other underlying health issues. On February 3, 2007, plaintiff fell at home in her kitchen. On February 13, 2007, she was admitted to defendant Stanford Hospital & Clinics for an outpatient 23-hour stay related to the burst fracture. The surgery was unremarkable, and she was transferred to a room on the orthopedic floor by 6:00 p.m. The next morning, February 14, 2007, the nurse performed a complete physical assessment of plaintiff and a fall-risk assessment. At some point between 8:35 a.m. and 9:00 a.m. that morning, plaintiff advised the nurse that she had to go to the bathroom. The nurse placed a bedside commode next to plaintiff’s bed and assisted plaintiff out of the bed and onto the commode. The nurse advised plaintiff to call him when she was finished so he could assist her back to bed. He then left the room.

Plaintiff claimed that, while she was on the commode, it collapsed and came apart, causing her to fall to the floor. She sustained a fracture to her left tibia. Plaintiff was admitted to the hospital as an inpatient on February 14th and underwent open-reduction, internal fixation (“ORIF”) of the left tibia on February 16th. Plaintiff was discharged to a skilled nursing facility on February 19th.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

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