Patient Falls While Recovery From Surgery

Verdict: Not Guilty

Date: November 2010

County: Cook

PLTF Experts: Dr. Brent Masel (Neurologist) and Laura Rybicki, R.N. (Nursing)

DEF Experts: Dr. Kenneth Printen (General Surgeon) and Ruth Kleinpell, Ph.D. (Nursing)

Summary: Plaintiff was admitted to Lutheran General Hospital for bowel resection surgery. He fell while getting out of bed and contended that he suffered from permanent endolymphatic hydrops and was completely disabled. He blamed the nursing staff for failing to evaluate him as a fall risk. In addition, he claimed that he received no nourishment in the 8 days after the surgery causing him to be malnourished and week. Defense disputed the nature and extent of his injuries and denied that his care was mismanaged. Defense stated that Plaintiff was ambulatory for several days before the fall. Defense also noted that while Plaintiff claimed to be unable to work, or even get out of bed most days, he and his wife had traveled to Australia for a 2 week vacation.