Independence Regional Health Center Compensated $2:5 Million for Malpractice
Attorney Jeff Hanna, Warrensburg, and Mark Kempton of Kempton & Russell, Sedalia, won a $2:5 million lawsuit for malpractice in the case of deceased 85-year-old Larry Fothergil who was admitted to Independence Regional Health Center after he fell and broke his left hip at Harrah’s Casinol.
After having his first hip surgery on June 2, 2001 only due to the negligence of the center Fothergil fall again fracturing his left femur bone according to Hanna. He was taken home after four months following doctor’s advice and died of stroke after a week.
George Fothergil, his son filed a lawsuit against Independence Regional Health Center based on negligence.
The defense offered four theories among which court rejected theories two and three on the basis of medical report, during the course of the trial, according to Hanna. Theory one consisted of Larry requesting his privacy; theory two was that Larry had progressed to an independent standing point; theory three was that Larry did not meet the standards as a fall risk and did not require assistance for certain things; and theory four was that Larry fell on purpose.
Hanna and Kempton fought these theories through the doctrine that, “Safety comes first and privacy come second.” That statement alone saved them from theory one.
Theory number four remained at issue because some hospital personnel believed that Larry’s wife had been mean to him while visiting, which could lead to self-destructive impulses to punish her. But it fell due to the fact that her illness was undiagnosed and there was not any evidence that she had been unkind toward him.
The plaintiff won in favor of his father, Larry Fothergill and received $579,000.
Filed under General Law, Medical Malpractice
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