Virginia Lawyers Weekly VA Lawyers Weekly
Type of action: Medical malpractice
Injuries alleged: Hospital fall resulting in femur fracture
Tried before: Mediation
Name of judge or mediator: Judge Diane Strickland (Ret.)
Date resolved: 9/12/2022
Verdict or settlement: Settlement
Hunt
Amount: $375,000
Attorney for plaintiff (and city): Brielle M. Hunt, Richmond
Description of case: The plaintiff presented to defendant facility complaining of bilateral worsening leg weakness and pain. The plaintiff was accompanied by her daughter. Her daughter allegedly explained that the plaintiff was a fall risk and requested a wheelchair on two occasions, though no such requests appeared in the medical records. There was a factual dispute as to whether a fall risk assessment was performed on the plaintiff in the emergency room. The plaintiff alleged that the hospital staff failed to perform an adequate fall risk assessment and that no wheelchair, walker or other assistive device was provided to her. The defendant alleged that a fall risk assessment was performed by the triage nurse who determined the plaintiff was not a fall risk.
X-ray of the lumbar spine was ordered. The plaintiff was escorted to the radiology department by the x-ray technician. Surveillance footage depicted the x-ray technician providing support to the plaintiff by holding her arm as they walked down the hallway. Following the study, the plaintiff returned to the emergency room. Surveillance footage depicted the x-ray technician walking in front of the plaintiff — not physically escorting her or supporting her — when the plaintiff fell to the floor in the entryway of her room. The plaintiff suffered a comminuted intertrochanteric femur fracture. She underwent ORIF the following day, and remained in the hospital for one week until she was transferred to an inpatient rehabilitation facility for six weeks. She also required in-home nursing care and outpatient physical and occupational therapy.
The plaintiff alleged that the hospital staff’s failure to perform an adequate fall risk assessment in the emergency room was a breach in the standard of care, and that doing so would have revealed that the plaintiff was a fall risk and prompted the staff to provide her with a wheelchair or other assistive device rather than to allow her to ambulate to and from radiology on her own. Notwithstanding the alleged failure to perform an adequate fall risk assessment, the plaintiff alleged that the staff’s failure to provide her with a wheelchair or other assistive device was in itself a breach in the standard of care in light of the symptoms that brought her to the emergency room — worsening of bilateral lower extremity weakness. Had the staff taken either of these necessary precautions, it was alleged that the plaintiff would not have fallen and suffered traumatic and painful injuries.
The matter resolved at mediation after the filing of the complaint but prior to service on the defendant.
Plaintiff’s attorney Brielle M. Hunt provided case information.
[022-T-190]
