Case details
Premature hospital discharge hastened patient’s death: family
SUMMARY
$1016002
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
brain, brain damage, encephalopathy
FACTS
On Jan. 13, 2010, plaintiffs’ decedent Milton Butterfield, 88, a retiree, presented to the emergency room at Community Hospital of Long Beach with complaints of general weakness, back pain and dehydration after having fell at his home a few days earlier. Dr. Christopher Lai evaluated him in the E.R. and ultimately discharged him approximately six hours later. However, while Butterfield was being transported by wheelchair out to the parking lot, he went into cardiac arrest and had to be taken back into the hospital for treatment. Butterfield ultimately died six months later. The decedent’s children, Maureen Adler, Jane Butterfield and Brian Butterfield, sued Community Hospital and Lai. They alleged that the defendants failed to properly treat their father and prematurely discharged him. Thus, they alleged that the defendants’ actions constituted medical malpractice, making them liable for their father’s wrongful death. The children also originally sued two other treating physicians, Dr. Siamak Rouzroch and Dr. Thomas Hendon, but they were ultimately dismissed from the case. Thus, the matter proceeded to trial against Lai and the hospital only. Plaintiffs’ counsel contended that Milton Butterfield was unable to walk and had to be dragged from the gurney to a wheelchair in order to be discharged. Thus, counsel argued that Lai discharged the decedent over the objections of his family and despite a deterioration in the patient’s condition while in the emergency room. Plaintiffs’ counsel also contended that Lai was aware of the decedent having an extensive cardiac history, which included high blood pressure, a double bypass and coronary artery disease, and breached the standard of care by failing to take the decedent’s vital signs within two hours of discharge. Counsel further contended that the nurse conducting the discharge was not the patient’s nurse and did no physical assessment of the decedent. In addition, plaintiffs’ counsel contended that hospital records indicated a five minute delay between the time of the decedent’s cardiac arrest and the start of CPR due to the need to bring him back into the hospital and get him on a gurney. Counsel argued that the hospital’s failure to promptly start CPR caused further harm to the patient and ultimately led to his death six months later. The plaintiffs’ emergency room expert testified that the decedent should not have been discharged due to the decline in his condition and that had the decedent not been discharged, his resuscitation would have been prompt and he would not have suffered anoxic encephalopathy, or brain damage caused by the lack of oxygen. The expert further testified that E.R. nurses are patient advocates with an obligation to verify the discharge independent of the doctor’s order. Defense counsel argued that the decedent’s heart attack was an unforeseen event. Counsel contended that the decedent presented to the hospital with back complaints and that his condition did not decline during his stay in hospital’s E.R. Counsel further contended that the decedent was appropriate for discharge and that he was promptly resuscitated after suffering the cardiac arrest., Milton Butterfield suffered a cardiac arrest after being discharged from the emergency room at Community Hospital of Long Beach. Plaintiffs’ counsel argued that the five minute delay between the time of the cardiac arrest and the start of CPR caused the decedent to suffer anoxic encephalopathy, which is brain damage caused by the lack of oxygen. As a result of the irreversible brain damage, the decedent was rendered a complete invalid and was never able to regain any meaningful quality of life. Butterfield ultimately died six months later from complications of being permanently bed-bound. The plaintiffs’ emergency room expert opined that the decedent’s life expectancy would have been at least three additional years if not for the incidents at the hospital. Thus, the decedent’s children sought recovery of $16,000 in out-of-pocket medical costs and $300,000 in past and future general damages. Defense counsel argued that elderly patients with such significant cardiac history have an 80 to 90 percent mortality rate from cardiac arrest alone. Thus, the defense’s expert cardiologist testified that the decedent’s life expectancy was six months based on the decedent’s medical history of cardiac arrest and coronary artery disease.
COURT
Superior Court of Los Angeles County, Long Beach, CA
Similar Cases
Negligent tire repair caused serious rollover crash: family
AMOUNT:
$375,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Steep, winding road caused multiple truck crashes: plaintiffs
AMOUNT:
$32,500,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Dangerous highway caused fatal multiple vehicle crash: suit
AMOUNT:
$18,681,052
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Roofer claimed he needs future care after fall from roof
AMOUNT:
$6,000,000
CASE RESULT:
Plaintiff won
INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
- Show More
- Show Less
CATEGORY:
Personal Injury
Applicant claimed future care needed after fall from roof
AMOUNT:
$3,500,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Plaintiff: Improperly trained delivery personnel caused injuries
AMOUNT:
$4,875,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury