Facts

On March 3, 2008, Albert Smith underwent a total right hip replacement performed by Dr. Matthew Pautz at Victor Valley Community Hospital. Smith had been a patient of Pautz's for over a year. He consented to the surgery due to his chronic right hip pain, osteoarthritis, and failure to respond to conservative treatment. The surgery was performed without any complications, and Smith was discharged two days later.

Pautz prescribed Coumadin to Smith, and instructed the patient to begin taking the medication after returning home from the hospital. As part of Smith's discharge orders, Pautz claimed he placed an order for a home health nurse to go to the patient's home three times a week to draw blood and report the levels to his office. Smith's medical provider was supposed to make the arrangements, according to Pautz.

Smith started taking the medication upon returning home, but a home health nurse was never arranged to visit and draw blood. On March 13, Smith collapsed. He died shortly thereafter due to cardiopulmonary arrest.

In August 2008, the decedent's wife, Plaintiff Bobbie Faye Smith sued Victor Valley and Choice Medical Group, the decedent's medical service provider, for medical negligence. She settled with Choice Medical for $50,000 while Victor Valley obtained summary judgment in its favor.

Plaintiff then sued Pautz for medical negligence in October 2009.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the doctor prematurely discharged the decedent. Plaintiff further contended that the doctor improperly prescribed him with the medication and failed to have a system in place to ensure that a home health nurse was drawing blood and reporting the decedent's INR levels. Thus, Plaintiff contended that the doctor's failures caused the decedent to suffer from pulmonary embolism, resulting in his death.

Damages

Plaintiff sought $175,000 in economic damages and $250,000 in general damages.

Result

The jury rendered a defense verdict because the action was barred by the statute of limitations.

Deliberation

one hour

Poll

12-0

Length

two days