Tavous Farroqi v. Northridge Hospital Medical Center
Published: Jul. 12, 1997 | Result Date: Jun. 4, 1997 | Filing Date: Jan. 1, 1900 |Case number: LC029237 Verdict – $0
Judge
Court
L.A. Superior Van Nuys
Attorneys
Plaintiff
Gary M. Schneider
(Law Office of Gary M. Schneider )
Defendant
Experts
Plaintiff
Neil Sheppard
(medical)
Elizabeth E. Martinez
(medical)
Defendant
Susan Zavala
(medical)
Facts
On June 21, 1994, plaintiff Tavous Farroqi, a 74-year-old retired woman, was admitted to defendant Northridge Hospital Medical Center for brain surgery. Following the successful removal of a cerebellar pontine angle meningioma, the plaintiff was placed in the intensive care unit due to pulmonary distress requiring continuous ventillatory support. The plaintiff was assigned to complete bed rest and was supported by oxygen, intravenous medications, a catheter, and several pulmonary and cardiac monitors. At 2 a.m. on July 2, 1994, the plaintiff's son came to visit the plaintiff and found her on the floor covered with diarrhea. Alarms present on several of the monitors and on the bed failed to activate. The plaintiff was lifted back into bed by three nurses, who first became aware of the fall when advised by the plaintiff's son. The nurses did not provide the plaintiff with pain medication, did not notify a physician of the fall, and did not order any diagnostic film studies, despite the fact that the plaintiff suffered from osteoporosis. Five hours later, when a new nurse came on shift, the plaintiff's hip was discovered to be out of alignment. An x-ray revealed an intertrochanteric fracture of the plaintiff's left hip. A review of the plaintiff's medical chart revealed that the ICU nurses had failed to follow hospital policy to ensure that all fall precautions were in place, failed to complete the hospital's fall risk assessment form and failed to complete the hospital's multi-disciplinary plan, all of which were contained in the chart and all of which were to be completed according to hospital policy. The plaintiff brought this action against the hospital based on medical negligence and malpractice theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $100,000. The defendant made a settlement offer of $40,000.
Specials in Evidence
$30,000
Damages
The plaintiff sought general damages of $250,000 (per MICRA limit).
Injuries
The plaintiff claimed she sustained a fractured hip, requiring open reduction internal fixation surgery with the use of a compression hip screw.
Other Information
POST TRIAL MOTIONS: The verdict was reached approximately two years and two months after the case was filed. A settlement conference was held on April 15, 1997. It did not resolve the matter. POST TRIAL MOTIONS: The plaintiff's motion for new trial is pending.
Deliberation
6 hours
Poll
11-1 (negligence), 11-1 defense (causation)
Length
6 days
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