Facts

On Aug. 11, 2010 John Fitzgerald, 77, fell out of his wheelchair and fractured his femur. He was taken to the Emergency Room of Glendale Adventist Medical Center and given psychotropic medications because he was believed to be extremely agitated and delirious. Fitzgerald was eventually transferred to several different hospitals. On April 6, 2011 he died after suffering a subacute subdural hematoma. Fitzgerald's sister sued various defendants on behalf of his estate, bringing claims for elder/dependent abuse and neglect; negligence and wrongful death; and violation of resident's bill of rights.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendant Devinder Gandhi, M.D., a psychiatrist, committed elder abuse against Fitzgerald. Specifically, she contended that Dr. Nanda engaged in a scheme with Fitzgerald's other doctor to keep Fitzgerald on anti-psychotic drugs despite knowing that the drugs were having adverse side effects on him. She claimed that Dr. Nanda allowed these drugs to be used as a chemical restraint on Fitzgerald for the convenience of the medical facility and for Dr. Nanda's own professional profit.

DEFENDANTS' CONTENTIONS:
Dr. Nanda contended in his motion for summary judgment that plaintiff's claims lacked merit because Dr. Nanda was not directly involved in treating Fitzgerald and never had any discussions with the other doctor regarding his care. He claimed that he only saw Fitzgerald once, and then recommended follow up care by another doctor.

Result

The court granted Dr. Nanda's motion, concluding that there was no evidence Dr. Nanda performed any examination of Fitzgerald other than the one visit or that he ever prescribed Fitzgerald any medication.

Other Information

According to plaintiff's counsel, they alleged improprieties with the medical records that the experts relied on (one of the facilities lost all of their records and had to "recreate the file." The judge overruled the objections. Plaintiff had counter expert testimony, but the judge refused to consider it. Plaintiff also showed where Dr. Nanda gave contradictory statements under oath regarding his involvement with decedent, but the judge refused to consider the evidence, claiming it was raised too late. Plaintiff likely to appeal based on Judge Keosian's improper failure to consider evidence and overruling objections on foundational evidence, all of which raised triable issues of fact.