Facts

On Aug. 20, 2005, plaintiff Ramon Sanchez, a 37-year-old unemployed due to developmental disabilities, was a patient at Scripps Memorial Hospital in Hillcrest. He only spoke Spanish and suffered from epilepsy with recurring and prolonged seizures that brought him to the hospital. The plaintiff was eventually placed in a six-floor room.

On Aug. 21, a nurse discovered that the plaintiff had pulled a catheter out of his bladder through his urethra while the balloon inside him was still inflated. She found a moderate amount of blood on his bed sheets.

A physician told the nurse not to reinsert a catheter because the plaintiff was scheduled for discharge soon. Around noon, the plaintiff got out of his bed and started pounding on a window that had a jury-rigged paper clip installed as the operating mechanism. The nurse who treated the plaintiff the previous day heard the noise from another room but thought it was furniture being moved. The plaintiff opened the window, climbed out and fell about 30 feet onto a balcony below the fourth floor.

Claiming physical injuries, Sanchez, through his sister and guardian ad litem, Concepcion Zapata, sued the hospital's operating entity Scripps Health for premises liability, medical malpractice (nursing and hospital), willful misconduct and violation of California Welfare and Institutions Code Section 15600 et seq. (Elder Abuse).

The willful misconduct claim was eliminated on a demurrer, and the Elder Abuse claim was granted a nonsuit.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the nurses failed to properly diagnose and treat Sanchez; that their care was below the industry standard; and that the hospital failed to provide Sanchez with a bed sitter or wrist restraints as suggested by a treating doctor.

The plaintiff also contended that the windows created an obvious and unreasonable risk of harm because they were defective, dangerous and easily opened. The plaintiff also charged that the hospital failed to properly maintain the windows and hitting or shoving them could open them.

The plaintiff claimed that the hospital knew or should have known, that Sanchez would likely hurt himself, but failed to take reasonable steps or stop him. The plaintiff's counsel noted that Sanchez is a dependent person, and thus the hospital was reckless because it knew about Sanchez's condition, but disregarded the risk.

DEFENDANT'S CONTENTIONS:
The defendant disputed the allegations, contending that Sanchez was 100 percent liable for the accident. The defendant claimed that the hospital was in good enough repair, and that it was unforeseeable that a patient would punch a window open and jump out. The defendant contended that Sanchez was not in a psychiatric unit, and that there was no code, regulation, or statute requiring the hospital to keep the windows locked at all times.

Settlement Discussions

The plaintiff made a C.C.P. Section 998 demand for $249,999.

Damages

The plaintiff sought $111,491 in medical specials;$512,611 in future medical expenses; and also asked for between $650,000 and $1.1 million for past and future pain and suffering.

Injuries

Sanchez sustained a brain injury and broke the case of his skull, bones in his face, pelvis, femur, hands and an ankle. He had soft-tissue injuries to the right knee with scar tissue build-up and a deep right foot due to brain injury. Sanchez underwent multiple surgeries and was in an ICU for about four weeks, followed by a month in the hospital and a stay in a rehabilitation unit. The plaintiff's counsel asserted that Sanchez would need a total right knee replacement, fusion surgery on ankles, a left foot fusion and another fusion at L3-4. Family members testified that Sanchez appeared to be in worse mental health after the fall, talking to himself more often and laughing out loud more frequently.

Result

The jury rejected the medical malpractice claim, but found premises liability, attributing negligence to Sanchez (60 percent) and to Scripps (40 percent). The jury awarded Sanchez a total of $1,074,102, broken down as $111,491 in medical specials; $512,611 in future medical expenses; $50,000 in past pain and suffering and $400,000 in future pain and suffering. After apportionment of liability, and Judge Jay M. Bloom’s other considerations, the actual verdict was $425,640.

Other Information

The defendant filed a motion for a new trial. The plaintiff filed for costs and prejudgment interest as per its C.C.P. Section 998 offer.

Deliberation

one day

Poll

11-1

Length

nine days