Sacramento Woman Files Personal Injury Action Against Nursing Facility, Part 2 of 6

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


She was thereafter taken by a friend and fellow Universal Home tenant to XYZ Hospital. She had fallen on her left side and was treated for injuries sustained in the fall. She was diagnosed with a left sided chest contusion. It caused her to have intractable left sided thoracic pain throughout her stay. [Declaration of Plaintiff Tammy Bauer] Ms. Smith was admitted to XYZ Hospital by her primary care and admitting physician Robert J., M.D.

After two days in the hospital, Ms. Smith developed and alteration of consciousness, including confusion and somnolence repeatedly trying to get out of bed. In addition, she developed seizures. Dr. J. asked for and received a neurology consultation with Nancy S., M.D. This was not a transfer of medical care to a new physician for a new problem but a simple consultation request by the admitting and primary treating physician.

Dr. S.’s initial exam occurred on April 30, 2005. [The foregoing references are to Dr. S.’s deposition.] The two reasons for the consultation were Ms. Smith’s confusion somnolence, or alteration in her level of consciousness and unexplained tremors she was having. Dr. S. diagnosed intermittent partial seizures. After consulting with the patient and plaintiff, Tammy Bauer, Ms. Smith was started on Dilantin, an anti-seizure medication.

Dr. S.’s evaluation was part of the care and treatment for the falls, not independent of that. Contrary to the basic theme of defendant’s Motion, care for the fall did not conclude at the time Dr. J. sought a consultation from Dr. S. Dr. S. considered the question of whether or not several reported earlier falls ending with the one that brought Ms. Smith to XYZ Hospital had been caused by the seizure disorder she had been asked to consult about.

Dr. S. felt Mrs. Smith’s alteration of consciousness was probably due to medications like morphine, vicodin and Dilaudid that Mrs. Smith had been taking for the fall. Again, Dr. S.’s evaluation was not independent from but rather part and parcel of the treatment of the fall.

Dr. S. last saw the patient on May 4, and her consultation ended. Ms. Smith’s care remained with Dr. J..

Two days later Ms. Smith got out of bed to go to the bathroom. Incontinent and without a diaper, she urinated on the floor, slipped in her urine fell and suffered a massive head injury. She was taken off life support, on May 6, 2008, by her beloved daughter. (See Part 3 of 6.)

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

Contact Information