Robert Gray and Dorothy Gray v. Good Samaritan Hospital and Michael Hatfield, R.N.
Published: Jul. 31, 1999 | Result Date: Jul. 6, 1999 | Filing Date: Jan. 1, 1900 |Case number: BC195071 Verdict – $0
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Robert B. Packer
(Packer, O'Leary & Corson APLC)
Experts
Plaintiff
Davina Leary
(medical)
James Dehwirst
(medical)
Thomas L. Carter
(medical)
Defendant
Leslie M. Eber
(medical)
Ellen B. Daroszewski
(medical)
Susan Zavala
(medical)
H. Ronald Fisk M.D., Ph.D.
(medical)
Facts
On July 24, 1997, plaintiff Robert Gray, age 79, was admitted to Good Samaritan Hospital for cardiac bypass surgery. On July 30, the plaintiff was still hospitalized in the Cardiovascular Definitive Observation Unit recovering from the surgery. Registry nurse, Michael Hatfield, R.N., was assigned to plaintiff for the 7 p.m. to 7 a.m. shift on July 30-31. At approximately 4 a.m., on July 31, Hatfield found the plaintiff out of bed with a nurse aide assisting him to urinate into the bedside urinal. Hatfield asked plaintiff if he was through, and plaintiff indicated in the affirmative. Hatfield and the nurse aide then assisted the plaintiff back into bed. After getting him into bed, the Hatfield walked around to the other side of the bed for the purpose of both nurses "boosting" plaintiff up to the head of the bed. After Hatfield got to the other side of the bed, the plaintiff suddenly sat up in bed, indicating that he had to have a bowel movement. Before Hatfield could get to the other side of the bed to assist the plaintiff, he suddenly stood up, became dizzy, and fell head first into the wall and floor of the room, breaking his neck at C2. The plaintiff testified that this was not the way the accident happened. Rather, at approximately 4 a.m., he was approached by Hatfield, who asked if he would mind being weighed at that time. Since plaintiff was awake, he had no objection. Hatfield went to get the portable scale to bring into the room. He returned with two other nurses. The plaintiff was assisted out of bed, allegedly without his oxygen line on. He got onto the scale with the assistance of the hospital employees, and then, after being weighed, indicated that he had to go to the bathroom to have a bowel movement. As he stepped off the scales, the nurses failed to support him, and he fell to the floor, striking his head, breaking his neck. The plaintiff wife sued for loss of consortium.
Settlement Discussions
The plaintiffs made a statutory offer to compromise pursuant to C.C.P. º998 of $230,000 to each defendant ($460,000 total demand). In light of the demand, no settlement offers were made by either defendant.
Damages
In addition to general damages, the plaintiffs initially claimed entitlement to approximately $300,000 in medical expenses even though Medi-Care, through "Secure Horizons" had paid these bills. The plaintiffs claimed that the collateral source rule abrogation found in º3333.1 of the California Civil Code did not apply to medical expenses paid by Medi-Care. Secure Horizons had retained a collection agency to lien the recovery in this case. However, Judge Chirlin ruled that º3333.1 did apply to this matter and that defendants were entitled to introduce Medi-Care (Secure Horizons) payments of all medical expenses. As a result of this ruling, no medical special damages were introduced into evidence by plaintiffs.
Injuries
The plaintiff was diagnosed three days later, with a complex fracture of the vertebra at C2, necessitating the placement of a "halo" device, which kept the plaintiff immobilized for 27 weeks. Thereafter, he was placed in a hard collar for six additional weeks. The plaintiff alleged that as a result of this immobility, he had to forego a cardiac rehabilitation program thereby negating the beneficial effects of the surgery. The plaintiff further alleged that prolonged immobility caused the patient to deteriorate generally in health, principally composed of persistent pneumonias and repeated hospitalizations, costing $300,000. The plaintiff is now an invalid, in a wheelchair and supported by constant supplemental oxyen. He claims to be impotent.
Other Information
The nurse aide involved in the fall claimed that the plaintiff fell on her, injuring her back. She instituted a worker's compensation action against Good Samaritan Hospital. This witness was impeached by varying versions of the facts of the fall given to health care providers she had seen in connection with her worker's compensation action. Several physician progress notes found in the chart after the fall indicated that the plaintiff told some doctors that he fell off the scales and others that he fell out of bed when he got dizzy.
Deliberation
three hours
Poll
11-1 (Michael Hatfield), 9-3 (Good Samaritan)
Length
10 days
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