Case details

Nurse claimed patient fell trying to get on gurney herself

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
brain, brain injury, dizziness, numbness, stroke
FACTS
At around 4:16 p.m. on April 5, 2013, plaintiff Kerry Baca, an unemployed 55 year old who had a history of coronary artery disease and who previously had her right leg amputated below the knee, presented to St. Mary Medical Center, in Apple Valley, with stroke-like symptoms, which included dizziness and numbness on her right side. Baca, who came to the hospital with her son, was evaluated in the Emergency Department. She was given a Morse Fall Scale risk of 0, but due to her previous amputation, she was thought to be a fall risk nonetheless. As a result, Baca’s son pushed her in a wheelchair down the hall to have an MRI. While Baca was waiting for a bed in the emergency room so that she could be evaluated and admitted to the hospital, Nurse Reed came to take Baca from the MRI to the emergency room so that Baca could get situated and into a gown. Once at her room and in her bed, Baca allegedly lost her balance and fell over out of bed, landing on her side and fracturing her wrist. Baca sued St. Joseph Health System, St. Mary Medical Center, CEP America, LLC, and California Emergency Physicians Medical Group. St. Joseph Health System, CEP America, and California Emergency Physicians Medical Group were ultimately let out of the case. Thus, the matter proceeded to trial against St. Mary Medical Center only. Baca alleged that Nurse Reed failed to properly monitor her and that St. Mary Medical Center was liable for the nurse’s actions. She also alleged that this failure constituted medical malpractice. Baca claimed that Reed brought her in the room and put her on the bed without putting the rails up. She also claimed that Reed left without any instruction. Baca’s son corroborated his mother’s version of events, claiming that Reed put Baca on the gurney on her side and left without saying anything. He also claimed that Baca was not given a yellow wristband to indicate that she was a potential fall risk, even though that was the hospital’s policy. Reed testified that Baca’s son pushed her in the wheelchair to the room. However, he claimed that he pulled Baca’s wheelchair next to the gurney in the emergency room and told her to stay there while he was going to get a gown and blanket for her. He also claimed that he told Baca that he would help her change and get onto the gurney, and that he was only gone for 30 seconds before the accident occurred. The charge nurse testified that she remembered looking over as Reed was leaving and that she saw Baca still in the wheelchair. Thus, defense counsel argued that Baca must have tried to get up onto the gurney by herself, resulting in the fall. In response, plaintiff’s counsel noted that the triage nurse admitted that usually potential fall risks are given yellow wristbands, but that, in this instance, Baca was not given one., Baca sustained a comminuted fracture of the distal radius of her dominant wrist. She subsequently underwent surgery to reduce the fracture. According to the plaintiff’s surgeon, the alignment was reasonable, but not perfect. As a result, the surgeon opined that Baca will likely require a future surgery for carpal tunnel syndrome. Baca claimed that she has continuing problems with her dominant wrist due to a lack of range of motion and ongoing pain. She also claimed that she continues to take pain medication for her pain. Baca did not make a claim for recovery of medical costs, as they were paid by a collateral source. However, she sought recovery of general damages for her past and future pain and suffering. Thus, during closing arguments, plaintiff’s counsel asked the jury to award Baca $177,640 in total damages.
COURT
Superior Court of San Bernardino County, San Bernardino, CA

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