Personal Injury Lawyer Blog
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.)
Plaintiff sued defendant for nursing negligence, contending that the nurse did not appropriately assess plaintiff’s fall risk, given that she had a history of a prior fall, rheumatoid arthritis, lower extremity weakness, balance and mobility problems, as well as multiple other underlying health conditions, and that the nurse did not implement the proper fall precautions, which resulted in plaintiff’s injury. Plaintiff contended that the standard of care required the nurse to either give plaintiff a bed pan or stand with plaintiff, next to her, while she used the bedside commode. It was below the standard of care for the nurse to have left plaintiff on the commode by herself.
Defense counsel argued that plaintiff’s fall risk was appropriately assessed and the nurse instituted appropriate fall-risk precautions, which included assistance with transitions and ambulation.
CLAIMED INJURIES
According to Defendant: Left tibia fracture; surgery.
CLAIMED DAMAGES
According to Defendant: Not reported.
SETTLEMENT DISCUSSIONS
According to Defendant: Not reported.
EXPERT TESTIMONY
According to Defendant: Plaintiff’s nursing expert, Elaine Karen, R.N., testified that defendant’s nurses negligently performed the fall-risk assessment of plaintiff and that the standard of care required a nurse to be in the room while plaintiff used the bedside commode, given her history of mobility problems, including balance problems and lower extremity weakness.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
Defendant’s internal medicine/geriatrics expert testified that defendant’s nurses properly assessed plaintiff’s fall risk and initiated appropriate fall-risk precautions. He further testified that it was appropriate for the nurses to leave the room to provide plaintiff with privacy while using the commode because she was stable and ready go home that morning. Defendant’s orthopedic surgery expert testified that plaintiff’s tibia fracture healed in perfect alignment. He further testified that plaintiff’s tibia fracture was not the cause of her current complaints of balance problems and inability to walk without a walker or wheelchair.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.