$3.0 Million Settlement in Medical Negligence Action Against Hospital for Nursing Failure to Report Changes in Neurological Condition.

The Plaintiff is a 75 year old female who underwent a fusion at T10-L4 and laminectomy at L1-L2 due to spinal stenosis. She was discharged to rehabilitation. She was later readmitted to the Hospital with complaints of abdominal pain, back pain and constipation. She was diagnosed with an ileus and urinary retention. She then had a fall while attempting to go to the restroom. After the fall she started to complain that she “could not feel her legs” and had a loss of sensation and movement. PT/OT noted a significant decline in function and demonstrated no active range of motion in her lower extremities. Nursing failed to report the fall and changes in neurological condition to her treating physicians. Ultimately, after 5 days of changes, nursing altered neurosurgery who recommend imaging. A thoracic spine CT and myelogram showed a significant fracture around the right T10 pedicular screws. As a result, neurosurgery was performed. The surgical findings showed the screws were so grossly loose that they came out with very gentle traction and were permanently removed. The surgeon performed repairs to the fusion at T8 and laminectomy at T10. However, despite intervention she lost purposeful movement to her lower extremities. As result of her paraplegia she developed stage 3-4 decubitus ulcers on her sacrum/coccyx and heels, had numerous hospitalizations for infections, the placement of a permanent diverting colostomy, multiple UTIs, several cystoscopies and the placement of a suprapubic catheter. The Plaintiff alleged the Hospital nursing staff deviated from the standard of care by failing to properly assist the Plaintiff to the restroom resulting in the fall, failing to report the fall and failing to report critical progressive changes in neurological condition to her lower extremities. As a proximate cause of such negligence, there was a 5 day delay in the diagnosis and treatment of her fracture resulting in permanent paraplegia, a neurogenic bladder and related medical consequences. The Hospital denied negligence, denied causation, and argued a reduced life expectancy. The Hospital also used Florida’s presuit arbitration laws to limit the Plaintiff’s noneconomic damages. The case settled in presuit for $3.0 million dollars.