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Sommers Schwartz attorneys Matthew Turner and Alana Karbal negotiated confidential settlements on behalf of 134 cannabis cultivation and processing workers for unpaid wages and overtime. ...
  • Hospital Malpractice – Nurse’s Negligence Allows Foot Surgery Patient to Fall, Causing Severe Injuries and Necessitating Additional Treatment: Joy v. Beaumont Hospital

Sommers Schwartz attorney Matthew Turner filed a hospital malpractice lawsuit on behalf of a woman who suffered serious injuries and had to undergo additional surgery and intense physical therapy after her nurse negligently allowed her to stand and get dressed independently after foot surgery without assessing her ability to do so safely. 

As alleged in the complaint, the patient underwent foot surgery at the defendant hospital, specifically, partial excision of her right foot’s first and second metatarsal. The surgery involved the administration of a popliteal nerve block, which anesthetizes the lower leg. Because of the popliteal block’s anesthetizing effects, a patient should not bear weight on the blocked lower extremity for at least 24 hours.

Nevertheless, and disregarding the patient’s post-operative limitations, her nurse failed to assess her ability to stand, dress, and move independently before leaving the room and releasing her to get dressed. The foreseeable result of the nurse’s negligence was that the patient violently fell to the floor while attempting to dress herself. The fall caused the patient to suffer a right humeral head fracture and dislocation, requiring additional emergency surgery, a prolonged hospital stay, and intense physical and occupational therapy. Had the nurse followed the appropriate standard of care, the patient would have likely recovered and been discharged the day of her initial surgery.

In her lawsuit, the patient seeks compensation for her past and future medical expenses, physical and emotional pain and suffering, disability and disfigurement, and other damages and losses. 

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