Facts

Plaintiff voluntarily admitted herself into Hospital's Behavioral Health Services Unit on August 25, 2016 to treat her anxiety. She claimed that sustained an unwitnessed fall in the Behavioral Health Unit on August 26, 2016 at 5:30 a.m and subsequently brought suit against the hospital.

PLAINTIFF'S CONTENTIONS: Plaintiff claimed that she sustained an unwitnessed fall in the Behavioral Health Unit on August 26, 2016 at 5:30 a.m.

Plaintiff contended that the Behavioral Health Unit failed to follow Plaintiff's fall care plan to keep her within their line of sight knowing she was a high fall risk. Prior to Plaintiff's fall, Behavioral Health Unit's nurse noted that Plaintiff was highly sedated from medications received in the emergency room, unable to walk on her own because of the sedation and weakness, and required staff to be near her for her safety.

Plaintiff further contended that she was not provided a hospital bed during her admission, which contributed to her fall on August 26, 2016. Behavioral Health Unit's Assignment Sheet showed on August 25, 2016, prior to Plaintiff entering the unit at 2:05 p.m., the hospital room Plaintiff was assigned to was at max capacity with 4 other patients. Since there was no available bed for Plaintiff, she was left to sleep on a sofa in the dining room. At approximately 5:30 a.m. on August 26, 2016, Plaintiff fell off the sofa landing on her right shoulder, fracturing it. At the time of the fall, no staff in the behavioral unit had Plaintiff in their line of sight as required by their Fall Care Plan.

Plaintiff informed the nursing staff that she fell at 5:30 a.m. but a STAT x-ray wasn't obtained until 7:29 a.m. Pursuant to Defendant's nursing policies and procedure, a STAT x-ray is to be completed within one hour. Defendant didn't perform the x-ray until 6 1/2 hours later, which confirmed the fracture. It was undisputed that Defendant breached the standard of care in failing to carry out the STAT x-ray order within one hour.

After Plaintiff fell at 5:30 a.m., Defendant's Round Sheet shows that she was placed in the hall for the next 11 hours with a broken shoulder. In fact, evidence showed that out of the 4 days/99.75 hours Plaintiff was admitted into the Behavioral unit, she was documented not to be in a hospital room for 84 hours.

Plaintiff 's treating orthopedist, testified that this type of fracture requires significant force, and more likely than not resulted from Plaintiff falling off the sofa and landing on her right shoulder. Defendant's medical expert, agreed that this type of fracture requires a significant amount of trauma. It was undisputed that as a result of the shoulder fracture, Plaintiff would have permanent impairment to her right shoulder for the remainder of her life.

Plaintiff claimed that Defendant failed to take all appropriate fall precautions for a patient who was a known high fall risk.

DEFENDANT'S CONTENTIONS: Defendant denied that any fall took place.

Settlement Discussions

Plaintiff demanded $1.8 million; Defendant offered $1,275,000

Specials in Evidence

Meds: $7,289

Injuries

Comminuted minimally displaced fracture of the right proximal humerus / right shoulder Arthrofibrosis / Permanent impairment to the right shoulder

Result

The case settled for $1,275,000.