October 2019 

HPS Attorneys Successfully Defend Chicago Area Hospital

In October 2019, HPS attorneys Sapna Lalmalani, Bill Souferis, and Amy Kane secured a defense verdict for their client in a case which stemmed from allegations surrounding the treatment of a post-operative patient. In early August 2015, the plaintiff went to a Chicago area hospital to visit her friend who had undergone outpatient surgery. While in recovery, the patient was instructed to remain in her bed prior to discharge and use the call light for assistance. The patient did not use the call light and at some point, got up without assistance. While ambulating in the hallway, the patient fell on the plaintiff, who sustained a hip fracture.

The plaintiff alleged that the fall and her subsequent injuries were the result of negligence on the part of the hospital and its staff, including a failure to properly assess and assist the patient and a failure to have policies and procedures relating to assisting patients in the outpatient unit. The defense successfully argued that the hospital had and did follow its practices regarding assistance for post-operative patients and that it was the patient who got up against instructions, which resulted in the fall.

At the end of a seven day trial, the plaintiff asked for $2.2 million from the jury, including damages for medical expenses, pain and suffering, lost earnings, and disability. The jury deliberated for 39 minutes before returning a unanimous verdict for the defense.