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| Disposition:
(Settlement/Arbitration/Trial) |
Settlement |
Date: |
12/16/1996 |
Type of Case: |
Medical Malpractice |
Allegation(s): |
Wrongful Death |
Result: |
$300,000 |
Case Name: |
Rubidoux, et al. v. Country Hills Health Care
Center, Jassmann, M.D., et al. |
Facts: |
In August of 1991, 89-year-old Mary Rubidoux was admitted to defendant Country Hills Health Care Center as a result of family concerns about a recent fall she had taken at home. At the time of admission, she was in overall good health, alert and ambulatory, but had medical problems associated with her age, including arthritis, peripheral vascular disease and hypertension. Her treating physician since September of 1978 had been Sandra Jassmann, M.D.
On January 12, 1995, Mrs. Rubidoux, while talking on the telephone near a nurse's station, was struck by a kitchen cart pushed by a nurse's aid who could not see over the top of it. Mrs. Rubidoux, who complained of pain and injury, was transported to a hospital five hours later where x-rays revealed a fractured left humerus and a fractured pelvis. Defendants were allegedly aware of these fractures and Mrs. Rubidoux's deteriorating condition over the course of the next several days. There was evidence of internal bleeding as a result of her fractures, but she was not seen until January 18, 1995, by Dr. Jassman, who prescribed only significant amounts of pain medication. Mrs. Rubidoux died the following day.
Defendant Country Hills allegedly informed Dr. Jassmann that this was a coroner's case, but Dr. Jassmann disagreed and signed the death certificate indicating that Mrs. Rubidoux's death was the result of an intra-abdominal catastrophe from unknown causes. Dr. Jassmann subsequently changed the cause of death to acute gastrointestinal bleeding. Thereafter, the coroner's office resumed jurisdiction and concluded that Mrs. Rubidoux's death was caused by blood loss from a fractured humerus and pelvis. The Department of Health cited Country Hills for multiple violations and assessed a $10,000 fine which was paid without appeal.
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| Injury/Injuries: |
Fracture humerus and pelvis; wrongful death.
Emotional distress.
Funeral expenses of $6,996.
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| Contentions: |
Plaintiff contended that Country Hills' multiple violations of applicable regulations caused decedent pain and suffering which ultimately resulted in her death. Plaintiffs contended further that Dr. Jassmann was negligent in managing decedent's care and breached her fiduciary duty by signing a death certificate with an erroneous cause of death.
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| Special Notes: |
Plaintiffs' overall demand to Country Hills and Dr. Jassmann was $525,000, with $325,000 as to County Hills. Country Hills originally offered $100,000, later raised to $250,000. The matter was submitted to Justice Gerald J. Lewis (retired), who recommended a settlement between plaintiff and Country Hills of $300,000.
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