Facts

Plaintiff, seventy-four year old Dolores Melrose, suffered a fall in her kitchen on Feb. 3, 2007. She was admitted to Stanford Hospital and Clinics as an outpatient for a 23-hour stay related to a burst fracture caused by the fall.

Melrose had a history of rheumatoid arthritis with hand and feet deformities. She also suffered from osteoporosis and other health issues. She underwent surgery at Standford that was unremarkable. The following morning, she was assisted by a nurse to use the bathroom. The nurse set up a commode and left Melrose to do her business. Melrose claimed that while she was on the commode, it collapsed and came apart, causing her to fall on the floor.

Melrose sued Stanford Hospital and Clinics and Stanford University. The University was dismissed prior to trial.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the nurse did not appropriately assess her fall risk, and did not implement proper fall precautions which resulted in her injury. Plaintiff further claimed that the nurse leaving her on the commode by herself fell below the standard of care.

Injuries

Melrose sustained a fracture to her left tibia and underwent an open reduction, internal fixation surgery on her tibia. Melrose claimed she has balance problems as a result of the injury and could no longer walk without the assistance of a walker or a wheelchair.

Result

The jury found in favor of the defense.

Deliberation

75 minutes

Poll

11-1

Length

five days