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$________ Medical Malpractice – Nursing – Plaintiff admitted to hospital for alcohol detoxification contends defendant failed to provide adequate fall protection – Plaintiff strikes head – Subdural hematoma – Inability to work.

Confidential County, CA

The then a 66-year-old self-employed heavy equipment broker visiting from Tulsa, Oklahoma was admitted to the Emergency Department at the defendant hospital with symptoms consistent with alcohol withdrawal. The plaintiff contended that because of his status, he was at a very high risk for fall potential. The plaintiff slipped and fell, hitting his head. The plaintiff maintained that the 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. The defendant contended that it was compliant with the standard of care and with the hospital protocols.

The nurse testified that she had advised the plaintiff on several occasions not to get out of bed and that he nonetheless did so. The nurse further maintained that she attempted to intervene and took hold of him as he stood from bed, but that he nonetheless fell and struck his head on the floor. The plaintiff was diagnosed with a subdural hematoma the following day. He underwent emergent neurosurgical evacuation and was in the ICU for four weeks before returning to Tulsa. At that time, he underwent two months of inpatient neurocognitive treatment.

The plaintiff remains mildly to moderately brain impaired in terms of his executive functioning and contended that such impairment is permanent. The plaintiff was earning approximately $________ as a self-employed heavy equipment broker and has not worked since. The plaintiff maintained that he would have continued working to at least age 72. The defendant contended that plaintiff’s admittedly significant alcohol intake would have markedly foreshortened his work life expectancy.The case settled prior to trial for $________.

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