On April 24, 2010, plaintiff Hooshang Shafiee, a 79-year-old retired man who had a history of Dementia, Alzheimer’s and altered mental status, was admitted to Newport Bay Hospital, an acute psychiatric hospital in Newport Beach, for combativeness and striking out behavior. The hospital assessed Shafiee as a high fall risk and, per hospital policy, was required to assist him with all transfers and ambulation. Three hours after his admission, Shafiee fell while attempting to get out of his chair after being left sitting in the patient lounge. He was also not provided any medical care or treatment after the fall. Shafiee allegedly sustained significant brain injury as a result of the incident. Shafiee’s spouse, Parvin Kazemi, acting individually and as her husband’s guardian ad litem, sued Newport Bay Hospital’s operator, Beacon Healthcare Services Inc., and its management company, American Neuro-Psychiatric Network Inc. Plaintiffs’ counsel contended that the hospital failed to monitor Shafiee properly. Counsel noted that the hospital’s surveillance video showed that, at the time of the fall, a nurse assistant was in the patient lounge and allegedly saw Shafiee attempt to get out of the chair three to five times before he fell, but did not come to assist him. Plaintiffs’ counsel added that the surveillance video showed that the nurse assistant ignored Shafiee and continued to watch television. Counsel further contended that after Shafiee’s fall, the nursing staff did not provide any medical care or treatment, and that the surveillance video showed the nurse assistant standing over Shafiee and continuing to watch television. Plaintiffs’ counsel noted that as a result of the incident, the California Department of Public Health issued a Citation for Immediate Jeopardy for the hospital’s failure to implement the fall prevention policy for Shafiee and failing to monitor for potential side effects of medications given to the patient that possibly could have contributed to his fall. The hospital was also cited for failing to render emergency first aid to Shafiee after he fell. Beacon Healthcare and American Neuro-Psychiatric Network contended that they took all fall precautions with Shafiee and that his fall was the result of a hemorrhage in his brain due to his Alzheimer’s/dementia condition. The hospital contended that Shafiee was properly monitored while in the patient lounge, and had not previously exhibited any difficulty walking or standing. The hospital further contended that Shafiee suffered from a spontaneous bleed in his brain, which was responsible for the severity of his brain injury and overall current medical condition., Shafiee sustained a displaced right parietal skull fracture and multiple intracranial hemorrhages and hematomas, with a midline shift of 0.6 centimeters. Since the fall, Shafiee has been in a permanent vegetative state. Thus, Shafiee’s spouse sought recovery for her husband’s medical expenses and pain and suffering. She also sought recovery for her own loss of consortium. Defense counsel contended that on the day of the fall, one of Shafiee’s initial treating neurosurgeon’s at Hoag Memorial Hospital authored a consultation report, dated April 25, 2010, in which he stated that the large, right parietal hematoma was in all likelihood due to an amyloid angiopathy hemorrhage, rather than from trauma. He also opined in that same report that this right parietal hematoma was the major contributor to Shafiee’s neurological deterioration. In addition, the neurosurgeon testified under oath as to his findings, stating that they were within a reasonable degree of medical probability. The neurosurgeon further testified under oath that, within a reasonable medical probability, Shafiee’s gradual neurological decline and subsequent comatose condition were due to the spontaneous amyloid angiopathy hemorrhage, and not the result of any trauma sustained as a result of the fall.