Plaintiff: Therapist didn’t carefully protect patient while walking with her
Plaintiff, 86, was in the hospital rehabilitating from a recent hemorrhage on the left side of her brain, believed to be caused by hypertension. She was stabilized and no surgical intervention was required.
She was to undergo rehabilitative therapy, which was to include occupational and physical therapy. It was anticipated that she would be discharged from the hospital within two weeks. Prior to going into the hospital, plaintiff was socially active and fully independent in all activities of daily living.
During plaintiff’s hospital admission, she was known to have lower extremity weakness, abnormal mobility, balance deficits and dizziness. Numerous safety and fall precautions were in place.
On the morning of the plaintiff’s first scheduled physical therapy session, the nurse told the physical therapist that the plaintiff was dizzy and postponed the therapy. Later that day, the physical therapist came back to perform therapy. The therapist had the plaintiff walk by herself in the hallway, with the physical therapist allegedly following behind her.
Per the medical record, no gait belt or assistive device was used, although the therapist testified to using one. While plaintiff was walking, the therapist was following behind plaintiff in a manner where the therapist was out of position to secure the plaintiff or catch the plaintiff if she fell.
After walking three steps, the plaintiff fell down and hit her head, sustaining a “goose-egg” hematoma on the right side of her brain. She required brain craniotomy surgery, was hospitalized for a lengthy period of time, and never regained her functional status.
She was required to be cared for by nursing homes, and required 24-hour attendant care which continued when she returned home.
Defendants and their experts argued that the physical therapist had to allow the patient to walk in order to assess the patient’s gait. Defendants also contended that they complied with the standard of care in all respects.
Plaintiff asserted that it was too soon to have the plaintiff walking at all; that a gait assessment need not be done as it was clear that the plaintiff could not walk; and that the therapist did not carefully protect the plaintiff while allegedly walking with her.
As to causation, defendants argued that plaintiff would have never fully recovered from her pre-existing brain injury and would have likely required continued medical treatment and attendant care even if she had not fallen.
Plaintiff countered with the testimony of two neurologists, including the independent medical examiner. Both testified that plaintiff’s outcome was significantly worsened by the fall.
Complicating factors for trial/settlement included negotiating a claimed Medicare lien in excess of $800,000. The matter settled for $1 million.
Type of action: Medical malpractice
Type of injuries: Hematoma brain injury and craniotomy surgery leading to permanent brain damage
Name of case: Confidential
Court/Case no./Date: Confidential; confidential; Aug. 13, 2013
Name of judge: Withheld
Settlement amount: $1 million
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