Confidential

Facts

In 2003, plaintiff, a retired man in his 60s, was a patient at defendant Hospital. He was being treated for severe seizures. One night, plaintiff got out of bed three times. The first two times, hospital staff found him and put him back to bed, warning him that he could seriously hurt himself by getting out of bed. When he got out of bed the third time, plaintiff fell on the floor and hit his head, resulting in serious injury.

PLAINTIFF'S CONTENTIONS:
The plaintiff sued defendant for negligence, claiming its staff failed to properly attend and supervise him. He asserted the staff should have made sure that a patient with a propensity for walking around at night was properly supervised.

DEFENDANT'S CONTENTIONS:
The defendant argued the nursing care provided met the standard of care. Its staff checked on plaintiff often and instructed him not to get up. They were under no legal duty to physically restrain him or watch over him constantly.

Injuries

After the plaintiff was discovered on the floor, he was diagnosed as suffering a subdural hematoma. Doctors were too late to relieve the pressure on his brain, resulting in the loss of all cognitive functions. Plaintiff is now in a permanent vegetative state. The plaintiff, through his family, sought unspecified damages for pain and suffering. No medical expenses were sought as they were covered by his insurance company. Loss of income was also not sought because his seizure condition had already caused him to retire.

Result

The parties settled for $225,000.