Hospital Fall After Pain Injections

Radding v. University of Maryland Rehabilitation and Orthopaedic Institute

Person Falling After Pain InjectionThis medical malpractice case was filed by an Annapolis man in Baltimore City on January 27, 2017. It is the 46th medical malpractice case filed in Maryland in 2017.

Summary of Plaintiff's Allegations

Plaintiff receives therapeutic injections in his lower back at defendant Kernan Hospital in Baltimore City. After the injections are administered, defendant radiology technician/nurse tells plaintiff to stand up from his chair-bed in the recovery room, without offering to assist him.

Plaintiff attempts to follow these instructions, not knowing that the injection affects his ability to stand and his coordination. While he tries to stand, he suffers a hard fall. This fall causes him to sustain a right knee injury, an injury to his coccyx, whiplash, and a brain injury. Plaintiff alleges these injuries resulted in debilitating headaches, convergence insufficiency, and light-induced pain in his eyes.

Plaintiff has attempted to treat these injuries, but is not having much success. He alleges they are permanent and affect his ability to work.

Additional Comments
  • There is no expert report filed with the Complaint and the lawsuit does not specify what type of injections the patient was receiving. But it may be a challenge to argue that the standard of care was breached because the tech did not help the patient up after injections. Where would the standard of care end? Do you have to walk a patient to the car? It is hard to glean the facts with a vaguely worded complaint without an expert report but this case could have some challenges. But if the injuries are as plaintiff's lawyer alleges, the damages are significant.
  • Nerve block injections can cause weakness, numbness or lightheadedness. So the argument is that the hospital should make sure the patient does not feel these symptoms. That is the way to make this case work.
  • The hospital will turn this back on the patient. Did you report any symptoms to the tech? If you felt these symptoms, why did you try to get up?
  • Ultimately, the question is what is the standard of care for patients getting these specific (unknown to us) injections? Are hospitals violating the standard of care by failing to make an appropriate fall risk assessment, failing to implement reasonable fall precautions and failing to maintain reasonable fall precautions after getting these injections?
Jurisdiction
  • Baltimore City
Defendants
  • James Lawrence Kernan Hospital Inc., University of Maryland Rehabilitation and Orthopaedic Institute
  • A radiology tech
Hospitals Where Patient was Treated
  • James Lawrence Kernan Hospital Inc., University of Maryland Rehabilitation and Orthopaedic Institute
Negligence
  • Failure to properly assess plaintiff's condition
  • Failure to take a thorough medical history
  • Failure to adequately recognize the underlying risk factors of the injections
  • Improperly instructing plaintiff to stand up without providing him a walker or assistance
Specific Counts Pled
  • Medical Malpractice
Plaintiff's Experts and Areas of Specialty
  • None at this time
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