On Sept. 12, 2012, plaintiff Bernice Peterseil, 81, a retiree, was admitted to Kaiser West Los Angeles Medical Center to undergo an elective total left knee replacement. Peterseil claimed she necessitated the surgery because she had exhausted all conservative measures to treat pain caused by osteoarthritis of the knee. The surgery was noted as successful, unremarkable and without complications. Following the knee surgery, Peterseil remained at the hospital to recover and receive physical and occupational therapy in the post-surgical unit. During the night shift of Sept. 13, 2012, Peterseil began exhibiting signs of confusion and disorientation. It was noted she made several attempts to get out of bed unassisted on both Sept. 13th and 14th. On the morning of Sept. 15, 2012, Peterseil was assessed as a high fall risk. She was described as being anxious, agitated, angry, and non-participative to her care. At approximately 11:15 a.m., Peterseil fell from her hospital bed and suffered a fracture of her left femur. Peterseil sued the operator of the medical center, Kaiser Foundation Health Plan Inc. Peterseil alleged that the medical center’s staff’s failure to properly monitor her constituted negligence and elder neglect. The matter proceeded to arbitration. Plaintiff’s counsel contended that in light of Peterseil’s “high fall risk” assessment, the standard of care required the defendant’s nursing staff to raise the patient’s bed rails to keep her from exiting the bed, as well as test and turn on Peterseil’s bed alarm to alert the staff should she attempt to get out of bed unassisted, as she had done earlier during the hospitalization. Counsel also contended that, based on the preponderance of evidence, the defendant’s nursing staff failed to implement the full-range of available fall precautions. Plaintiff’s counsel further contended that the defendant should have had a heightened concern for Peterseil’s safety, given her high fall risk and at-risk behavior. Kaiser contended that all appropriate fall precautions were implemented., Peterseil suffered a fracture of her left femur, which her orthopedic surgeon testified was consistent with a mechanical fall. Peterseil subsequently underwent surgery to treat the fracture on Sept. 16, 2012. She was non-weight bearing for three months, and then followed up with one year of rehabilitation. The plaintiff’s treating orthopedic surgeon testified that Peterseil made a remarkable recovery, considering the fracture, which was described as a significant orthopedic event. Thus, Peterseil claimed $34,621.81 in total medical costs and sought recovery of damages for her pain and suffering.