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ARTICLE ID 158772
$________ PLUS INTEREST - MEDICAL
MALPRACTICE - NURSING/HOSPITAL NEGLIGENCE - FAILURE TO SET BED ALARM - FAILURE TO MONITOR HIGH FALL RISK PATIENT - FRACTURED HIP.
Providence
The 63-year-old male plaintiff suffered a mild stroke in
September, ________. He fell and found that he had suffered left side
weakness. He was dropped off at the defendant hospital and
entered the hospital of his own accord. At the time of admission
he was identified as a high fall risk because of the stroke, the
left sided weakness and a prior history of falling. He was
admitted to the intensive care unit at the defendant hospital.
All of the hospital beds in this unit are equipped with bed exit
alarms. The alarms send an audible alert to the staff if a
patient attempts to exit his or her bed. The nurses in the
intensive care unit failed to activate the bed alarm despite the
fact that the plaintiff was admitted as a high fall risk patient.
The plaintiff woke in the middle of the night on his second night
in the hospital and had to use the restroom. As he got out of
bed, thinking he was home, he fell. He fractured his left hip. He
had to undergo surgery for the fracture.
The plaintiff brought suit against the defendant hospital,
alleging negligence. The plaintiff alleged that the hospital was
negligent in failing to properly monitor the plaintiff who was
categorized as a high fall risk and in failing to activate the
bed exit alarm. The plaintiffs wife brought a claim for loss of
consortium.
The defendant denied the allegations of negligence. The defendant
argued that there was no deviation from acceptable standards of
care since the decision as to the fall risk of patients was left
to the nurses discretion.
The matter was tried for approximately three weeks. At the
conclusion of the trial, the jury deliberated for approximately
two days and returned its verdict. The jury found in favor of the
plaintiff. The jury awarded the plaintiff the sum of $________,
consisting of $________ for pain and suffering, $________ for
future medical care and $________ to the plaintiffs wife for her
loss of consortium claim.
5 ways to win with JVRA
JVRA gives you jurisdiction-specific, year-round insight into the strategies, arguments and tactics that win. Successful attorneys come to the table prepared and use JVRA to:
- Determine if a case is winnable and recovery amounts.
- Determine reasonable demand for a case early on.
- Support a settlement demand by establishing precedent.
- Research trial strategies, tactics and arguments.
- Defeat or support post-trial motions through past case histories.
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