On June 20, 2009, plaintiff Minnie Bennett Rose, 85, a retiree, was returning from the restroom to her bed at Windsor Terrace Healthcare, an assisted living facility in Van Nuys, when she lost her balance and fell backward, landing on the floor. Rose was admitted to Windsor Terrace earlier that month for rehabilitation following the surgical repair of a left intertrochanteric hip fracture. While at Windsor Terrace, Rose followed-up with Dr. Timothy Lee, an internist who had recently been promoted to Medical Director. When Lee was informed of the fall, he ordered X-rays, which were reviewed by a radiologist from an independent company, MDX Radiology. The radiologist then contacted a nurse at Windsor Terrace told her that there was no “new fracture,” which was then relayed to Lee. A subsequent written report, received four days later, indicated there was no “acute fracture” in the “subtrochanteric” region. Lee claimed he continued to see Rose and monitor her closely, keeping her on the physical therapy she had been undergoing since her hip surgery. On the fourth day after the fall, Rose claimed her pain increased. Lee subsequently determined that Rose should be evaluated by her orthopedist and transferred her to an outside hospital. At the hospital, Rose was diagnosed with a fractured left femur and a femoral shaft fracture. She subsequently underwent surgery to repair the fracture, and required further assisted living care and home health services for several months. Rose sued Lee and Windsor Terrace. She alleged the defendants failed to timely diagnose the new fractures and that this failure constituted medical malpractice and professional negligence. Windsor Terrace ultimately settled with Rose prior to trial for $80,000. Thus, the matter proceeded to trial against Lee only. Plaintiff’s counsel contended that Lee was negligent for not insisting on receiving a copy of the written radiology report sooner, as he would have recognized that there was a new fracture in the subtrochanteric region of her hip. Counsel also contended that Lee failed to take into account her worsening clinical condition, as she could barely walk. Rose further claimed Lee was negligent, as the medical director of the facility, for allowing MDX Radiology to work with Windsor Terrace in light of their history of dilatory submission of radiology reports. Rose claimed that Lee’s delay in diagnosing the subtrochanteric hip fracture caused an aggravation of the injury, additional pain and suffering, and further medical costs. She also claimed that the extensive surgery and rehabilitation she had to undergo would not have been necessary had the fracture been diagnosed sooner. Lee claimed he promptly ordered the X-rays and appropriately relied on the radiologist’s oral report to the nurse that there was no “new fracture.” He also claimed that it was acceptable to wait for a few days to receive the written radiology report, which, because of the phrase “no acute,” did not identify a new fracture. He further claimed that he carefully monitored Rose after the fall and appropriately continued physical therapy. In addition, Lee claimed that his referral of Rose for orthopedic evaluation was timely, and that she would have required the very same surgery and after-care due to the she sustained at the time of the fall., On June 25, 2009, Rose was diagnosed with a fracture of her left femur and a femoral shaft fracture, both of which had not been reported by the prior radiologist. She subsequently underwent surgery to repair the fracture with new hardware implanted on June 29, 2009. Rose then followed up with further assisted living care and home health services for several months. Rose claimed she had to undergo additional pain and suffering, although she recovered fairly well from her last surgery. She further claimed that she was unable to attend her husband’s funeral in July 2009, due to her hospitalization. Thus, she sought recovery of damages, including $40,231.27 in past medical costs, $198,000 in future medical costs that included assisted living and home health care, and an unspecified amount for her pain and suffering. Defense counsel argued that Rose would have required the very same surgery and after-care due to the that she sustained at the time of the fall. Counsel also argued that the future medical care costs were preposterous.