Facts

The plaintiff, a 49-year-old male, had been disabled from a psychiatric standpoint for many years. He was admitted to defendant psychiatric hospital on various occasions, either as an inpatient or outpatient with a primary diagnosis of a schizoaffective disorder. The plaintiff was admitted to the hospital in 2005 and placed in a unit populated with dual diagnosis, chemically dependent and research/drug-study patients.

The plaintiff claimed that while brushing his teeth in the men's bathroom, he was struck in the back of the head and neck for no apparent reason by a very large drug-study patient. At the time of the incident, unbeknownst to anyone, the plaintiff suffered from an underlying, asymptomatic cervical spondylitic stenosis, from C3-7.

Plaintiff filed an action which included one cause of action for medical negligence against defendant hospital. The complaint was later amended to include a cause of action under the California Elder Abuse and Dependent Adult Abuse Act.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the defendant and its non-physician staff fell below the standard of care with regard to the care and treatment of him. Plaintiff further claimed that he was neglected in that the defendant did not protect him from the drug-study patient who plaintiff maintains based on nursing notes had been acting out in an aggressive manner prior to the alleged assault and battery.

DEFENDANT'S CONTENTIONS:
The defendant maintained that its non-physician staff did not fall below the standard of care and that the patient was not neglected as defined under the Elder Abuse and Dependent Adult Abuse Act. Further, the defendant argued that the event did not occur as claimed and in fact did not occur at all.

Settlement Discussions

The plaintiff made a C.C.P. Section 998 demand of $250,000, reduced to $80,000 prior to trial. The defendant made a C.C.P. Section 998 offer of $15,000.

Damages

The plaintiff claimed heightened remedies under Elder Abuse and Dependent Adult Abuse Act including attorney fees and punitive damages.

Injuries

The plaintiff claimed cervical myelopathy, spine surgery, residual gait disturbance, upper extremity numbness, pain and suffering. Plaintiff developed progressive numbness in his hands and difficulty walking. He was referred to a neurologist and then an orthopedic surgeon who performed a cervical laminectomy. It was the opinion of both these treating physicians that the blow to the neck and back caused his pre-existing condition to become symptomatic. Subsequent to the surgery, plaintiff continued to have gait disturbance and upper extremity numbness, which affect his activities of daily living.

Result

Defense verdict.

Other Information

The defendant moved to bifurcate the medical negligence cause of action based on violation of the statute of limitations pursuant to C.C.P. Section 340.5. The court granted the bifurcation motion. The court ruled in favor of the defense following a bench trial regarding the statute of limitations defense ruling that the statute of limitations was not tolled due to the patient's mental condition. The matter proceeded to jury trial solely on the claim under Elder Abuse and Dependent Adult Abuse Act. FILING DATE: Oct. 17, 2006.

Deliberation

one hour

Length

six days