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