Trial News

Verdicts & Settlements: Medical Negligence

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Improper dietary change

September 19, 2024

Doe, 75, who suffered from myasthenia gravis, was admitted to Roe hospital with symptoms including generalized weakness and difficulty swallowing. A diet of once-daily pureed food and thick liquids was prescribed for Doe at the hospital. A nurse allegedly changed the dietary order to three times per day without obtaining proper medical authorization. Doe later suffered a severe aspiration incident that led to cardiopulmonary arrest, brain damage, and death.

Doe’s spouse and children sued the hospital, alleging medical malpractice and elder abuse.

The defense argued that the situation did not rise to the level of elder abuse or neglect.

The parties settled for $800,000.

Citation: Doe v. Roe Hosp., Confidential Dkt. No. (Cal. Super. Ct. Los Angeles Cnty. Jan. 18, 2024).

Plaintiff counsel: Benjamin T. Ikuta and Michelle B. Hemesath, both of Santa Ana, Calif.