Facts

Salvador Villarreal's family called 911 because he had a fever and claimed he was hearing voices. Upon their arrival, Villarreal, 22, told the paramedics that voices were telling him that he was "not going to make it through the night." Paramedics relayed the information to Medera Community Hospital's intensive care nurse. Once Villarreal arrived at the hospital, he told the nurse he was hearing voices. The nurse left Villarreal in the waiting room to fill out his registration information after making the determination that his condition was not urgent. While Villarreal was alone, the voices he was hearing told him to commit suicide. As a result, Villarreal asked to use the restroom and went outside where he climbed a tree to the top of a one-story hospital building and jumped. Villarreal landed safely. He subsequently climbed up to the building again and jumped, this time head-first. The nurse assumed Villarreal had left the hospital. A hospital employee found Villarreal on the ground. As a result of the fall, Villarreal fractured his cervical vertebrae. He was rendered a quadriplegic. Villarreal filed a lawsuit against the hospital, alleging medical malpractice, violation of Section 1317 of the California Health and Safety Code and The Emergency Medical Treatment & Active Labor Act (EMTALA). The case went to trial on the negligence claims only.

PLAINTIFF'S CONTENTIONS:
the plaintiff contended that the emergency room and intensive care nurses were negligent in failing to prevent his attempted suicide after he made statements to them about hearing voices. The plaintiff's experts contended that as medical professionals, the nurses should have kept a close eye on the plaintiff and seen to it that he was treated promptly rather than having left him alone. The plaintiff further claimed that after his fall, he told doctors he jumped because his girlfriend broke up with him because he was embarassed to say he was hearing voices.

DEFENDANT'S CONTENTIONS:
the defendant contended that the nurses did not act improperly when they left the plaintiff alone. Contrary to the paramedics' contentions that the plaintiff's information was relayed to the hospital, the emergency room nurse contended that she was not aware that the plaintiff was hearing voices. Further, even if the nurses were aware, the plaintiff's statement about voices telling him he would not make it through the night was not enough to make the nurses suspect that he had suicidal tendencies. In addition, even if treated immediately, the plaintiff would have been allowed to use the restroom, at which time he could have easily left the hospital. The defense contended that after his fall, the plaintiff told doctor's he jumped because his girlfriend had broken up with him, not because voices had directed him to do so.

Settlement Discussions

The plaintiff demanded $4 million. The defendant made no offer.

Specials in Evidence

$500,000. $300,000 in past and future lost earnings. $3.2 million.

Damages

The plaintiff sought an unspecified amount of damages for pain and suffering.

Injuries

The plaintiff suffered a fracture to his fifth cervical vertebrae. As a result, he became a quadriplegic.

Result

Defense verdict. The jury determined that although the hospital was negligent, its negligence was not a substantial cause of the plaintiff's injury.

Deliberation

seven hours

Poll

9-3 (negligence), 10-2 (causation)

Length

12 days