Facts

On Sept. 12, 2012, Bernice Peterseil received a knee replacement at Kaiser West Los Angeles Medical. She subsequently filed a lawsuit against Kaiser Foundation Health Plan Inc.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that she received a knee surgery, which went smoothly, and stayed at the hospital to undergo physical and occupational therapy. She claimed that the next day, she felt disoriented, and was diagnosed as being at a high risk for falls three days after the surgery. She alleged that on that day she fell out of her bed and sustained an injury. She argued that defendant's personnel should have watched her more closely and because they did not, they were negligent. She argued that because she was at a significant risk for falling, defendant's employees should have lifted up her bed rails so that she would not fall out.

DEFENDANT'S CONTENTIONS:
Defendant argued that it took the proper steps to protect against a potential fall.

Settlement Discussions

Plaintiff made a demand for $325,000. Defendant made no offer.

Damages

Plaintiff sought $34,621.81 in medical expenses.

Injuries

Peterseil fractured her left femur.

Result

Following arbitration, plaintiff received $159,622.

Other Information

ARBITRATOR: Judge Robert Jameson, ret., Judicate West.