On September 28, 2023, an Erie County Common Pleas Court jury returned its verdict in favor of the plaintiff in the amount of $6.19 million against Firelands Regional Medical Center for the permanent brain injury sustained by a patient who fell after being given medications that increased his fall risk and the medical staff failed to prevent the fall.

The wife of a 78-year-old man who was placed on seven new medications during his inpatient hospital stay in March 2018 alleged in her Pennsylvania medical malpractice lawsuit that hospital protocols required that the medical staff evaluate her husband’s increased risk for falling as a result of being given the new medications, and timely employ proper fall precautions as a result of the increased risk of falls. Because the hospital medical staff failed to do so, the plaintiff alleged that the patient fell when he got out of bed to use the bathroom, which resulted in a traumatic brain injury (TBI).

The wife’s Pennsylvania medical malpractice lawyer stated after the verdict that the hospital’s “nurses and hospital staff did not follow mandated precautions to prevent Johnson from falling and suffering additional injuries. Sadly, he fell while getting up to use the restroom and suffered a (traumatic brain injury) TBI. Johnson suffered permanent injuries caused by the preventable TBI and is now confined to a chair in his home. This verdict is proof that the jury system works and delivers justice. We want to thank members of the jury and the court for acknowledging the importance of policies and the unwavering commitment to upholding the highest standard of care,.” The man’s wife had to leave her job so that she could take care of her husband at home.

A spokesperson for the hospital stated after the verdict, “We are disappointed in the 6-2 jury verdict in the Johnson case. We have complete faith and confidence in our excellent nursing team who serve Firelands Health and the region. We do appreciate the service of the jury, and are pleased that this issue has been resolved for both parties. We wish the Johnson family well.”

The verdict is reportedly the second largest medical malpractice verdict in Erie County, Pennsylvania.

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Approximately 8% of persons aged 65 and older visit the emergency department each year because of a fall-related injury. About one-quarter of these visits result in inpatient admission. Once they become inpatients, falls are also serious problems for older adults, because they average about 1.5 falls per bed per year while hospitalized. Approximately 10% of falls in older people result in other injuries, such as TBI, and consequently, falls are the most common cause of TBI in older adults.

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If you or a loved one suffered harm due to medical negligence in Pennsylvania or in another U.S. state, you should promptly find a Pennsylvania medical malpractice attorney or a medical malpractice attorney in your state who may investigate your medical negligence claim for you and represent you or your loved one in a medical malpractice case, if appropriate.

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