Personal Injury Lawyer Blog
The following blog entry is written to illustrate how a brain injury lawsuit could develop and resolve. Reviewing this summary 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 brain injury lawsuit and its proceedings.)
FACTS/CONTENTIONS
According to Plaintiff: On August 8, 2008, plaintiff, then a 66-year-old self-employed heavy equipment broker visiting from Sacramento, CA, was admitted to the Emergency Department at defendant Hospital with symptoms consistent with alcohol withdrawal. He was seen by the Emergency Department physician and was placed on a “banana pack IV.” He was then placed under the care of defendant Nurse.
Defendant Nurse testified that she had advised plaintiff on several occasions not to get out of bed. He did so, nonetheless. Defendant Nurse attempted to intervene and took hold of plaintiff as he stood up from the bed. Nevertheless, plaintiff struck his head on the floor. He was diagnosed with subdural hematoma the following day and underwent emergent neurosurgical evacuation of same. Plaintiff was in the ICU for four weeks. At that time, he underwent two months of inpatient neurocognitive treatment. He remains mildly to moderately brain-impaired in terms of his executive functioning.
Plaintiff argued that he presented as a very high-risk patient relative to his fall potential. As such, defendant Nurse was required to employ strict fall precautions, which included assisting the patient with all transfers and changes in position and communicating the patient’s fall risk to family and staff. Plaintiff claimed that this was not done.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
The defense argued that they were compliant in all respects with the standard of care and with the hospital protocols.
CLAIMED INJURIES
According to Plaintiff: Plaintiff developed a subdural hematoma and suffers from at least a mild brain injury.
CLAIMED DAMAGES
According to Plaintiff: Plaintiff was earning approximately $125,000/yr. He has not worked since the fall. Plaintiff argued that he would have continued working to at least age 72. Defendants argued that plaintiff’s admittedly significant alcohol intake would have markedly foreshortened his work life expectancy.
SUMMARY:
Verdict/Judgment: Settlement
Verdict/Judgment Amount: $550,000
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.