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Torts
Medical Malpractice
Wrongful Death/Elder Abuse

Anna Smith, et al. v. Memorial Hospital of Gardena

Published: Sep. 8, 2007 | Result Date: Jun. 21, 2007 | Filing Date: Jan. 1, 1900 |

Case number: TC016372 Verdict –  Defense

Court

L.A. Superior Torrance


Attorneys

Plaintiff

Kenneth M. Jones


Defendant

Mark L. Hirschberg
(Law Offices of Eric G. Anderson)

T. Emmet Thornton


Experts

Plaintiff

James G. Kent Ph.D.
(technical)

Defendant

Samuel S. Murray
(medical)

Ginger Varca
(medical)

Facts

Maggie Trimble fell from her bed while she was a patient at Memorial Hospital of Gardena. The resulting head injury led to her death. Her survivors sued the facility on behalf of the estate, alleging negligence and elder abuse.

Contentions

PLAINTIFF'S CONTENTIONS:
The plaintiff contended the facility left the side rails of the bed down and failed to respond to the patient's cries for help. Its negligence was further evidenced by Trimble's bedsores.

DEFENDANT'S CONTENTIONS:
Experts testified that the hospital complied with the industry standard of care with regard to the bedsores. Further, only one of four bedrails was left down and Trimble was lucid when the nurses last left her. Hospital personnel responded immediately when they learned of the fall. Emergency neurosurgery was unsuccessful.

Injuries

Subdural hematoma and coma leading to death.

Result

Defense. Defense waived costs in exchange for an agreement not to appeal the verdict.

Deliberation

two days

Poll

9-3

Length

two weeks


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