Facts

Plaintiff Doris Vandeventer's daughter found plaintiff on the floor of their residence, speaking incoherently. Plaintiff was transported to the Rancho Springs Medical Center emergency room by ambulance. Plaintiff was admitted to the hospital following a telephonic conference between the emergency department physician and defendant, Ryan Tran, M.D., an internist. One of defendant's admitting orders was that plaintiff was to be restricted to bed rest. After plaintiff was admitted, defendant arrived and evaluated her. About an hour later, plaintiff was found on the floor next to her hospital bed, with a fractured hip. She filed suit against defendant for medical malpractice.

PLAINTIFF'S CONTENTIONS:
Plaintiff testified that prior to the accident, she needed to use the rest room. She claimed that she had activated the "nurse call" button to summon assistance and verbally called out for help, but received no response. She then attempted to get out of bed by herself. She slid to the foot of the bed, where the bed rail was down, and slid off of the bed. She attempted to steady herself by holding a piece of furniture, however the item had wheels on it and rolled away from her. Subsequently she lost her balance and fell. She alleged that defendant provided negligent medical care and treatment because he failed to order a restraint that would have prevented plaintiff from climbing out of her bed.

DEFENDANT'S CONTENTIONS:
Defendant claimed his treatment of plaintiff met the medical community standard of care for internists. Based on the totality of information available to him, he argued that there was no medical, physical or mental condition manifested by plaintiff that would have warranted or required placing plaintiff in restraints.

Specials in Evidence

Plaintiff sought $50,021, subject to a Medi-Cal lien.

Injuries

Plaintiff sustained a fracture to her hip, which required surgery to repair.

Result

The jury found for the defendant

Length

one week