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Personal Injury
Medical Malpractice
Failure to Monitor and Assess

Richard J. O'Brien v. Marin General Hospital

Published: Apr. 3, 2010 | Result Date: Nov. 17, 2009 | Filing Date: Jan. 1, 1900 |

Case number: CIV070393 Verdict –  Defense

Court

Marin Superior


Attorneys

Plaintiff

Robert L. Nelson


Defendant

Michael J. Garvin

Susan Oster Fish

David Sheuerman


Facts

Plaintiff Richard O'Brien was admitted to defendant Marin General Hospital on Jan. 26, 2006 for an ablation procedure, which was scheduled to treat an irregular heart rhythm. O'Brien filed suit against Marin General Hospital, Sutter Health, Rose Hill, Virginia Davies, Peggy Hackett, and Guy Braswell, alleging negligence related to injuries he suffered after allegedly falling out of his hospital bed.

Contentions

PLAINTIFF'S CONTENTIONS:
O'Brien contended that defendants failed to adequately monitor and assess his condition and progress. He contended that, as a result of the failure, he became dehydrated and experienced low blood pressure. O'Brien contended that defendants knew or should have known that the failure would cause him to experience nausea and dizziness, increasing the risk that he fall out of bed. O'Brien further claimed that defendants failed to take reasonable measures to protect him from falling including raising the lower safety rails on his bed, properly rating him as a fall risk, and placing a vomit bowl within his reach. O'Brien contended that defendants knew or should have known that he was likely to fall from his bed unless those measure were taken.

Result

The jury returned a verdict for the defense.

Other Information

FILING DATE: Jan. 26, 2007.


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