Joe Effinger and Matt Piekarski obtained a defense verdict on behalf of a hospital in a patient fall medical negligence case tried in Jefferson Circuit Court (Louisville). The Plaintiff’s decedent was hospitalized after she fell at home and fractured her hip. Following hip replacement surgery the patient was documented as being confused and a “high fall risk,” but also had significant mobility limitations. Fall precautions were taken, but the patient unexpectedly got up in the middle of the night without assistance, fell, and fractured her arm. The Plaintiff claimed the hospital nursing staff failed to implement and/or ensure that appropriate fall precaution measures were in place. Joe and Matt established that the hospital nursing staff appropriately cared for the patient, had all necessary fall precaution measures in place, and that the patient’s fall was not reasonably foreseeable. The case was tried over four days and the jury returned defense verdict for our client hospital. No appeal was taken.
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