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Our client was the estate of an 86-year-old woman, who was admitted to the hospital for treatment related to her pulmonary problems. The decedent was unable to leave her bed without assistance. On the morning of September 28, 2004, she needed to use the bathroom facilities. She made numerous requests to the hospital staff that she required assistance. After her repeated calls for assistance were ignored, she fell to the floor as she attempted to reach the bathroom facilities. As a result, she sustained numerous and serious injuries including contusions and lacerations over her entire body, which were so severe that she suffered severe physical pain, emotional distress, and disfigurement which contributed to her premature death.
The case was submitted to arbitration after suit was initiated. The woman’s estate was awarded a confidential amount.
During an exam at the defendant orthopedic office for a minor arm injury, our client became pale and lightheaded on the examining table and then passed out for about 30 seconds. The doctor did not address the syncopal episode with our client and did not check our client's blood pressure or pulse rate. While leaving the examining room, our client lost consciousness for a second time, falling forward with his hands down by his side and slamming his face into the floor. He remained unconscious and was bleeding from the nose. He was transported to a local hospital emergency department and was diagnosed with significant bifrontal cerebral contusions and undisplaced fracture of the anterior nasal bone and admitted to ICU.
The case settled before suit was filed for a confidential amount.