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Hospital settles with patient

BY KEITH LACEY [email protected] Sudbury Regional Hospital and a patient have reached a settlement concerning an accident which happened five years ago.
BY KEITH LACEY

Sudbury Regional Hospital and a patient have reached a settlement concerning an accident which happened five years ago.

A nurse at the Sudbury Regional Hospital accidentally allowed a brain-damaged patient to fall from his bed. He broke his collarbone.

Because the patient was not able to represent himself, the province?s public guardian and trustee launched the civil suit on his behalf.

Last week, Justice Louise Gauthier of the Ontario Superior Court of Justice agreed to a settlement offer, which will see the hospital pay $17,000, including $12,000 to the estate of the plaintiff, another $4,000 in legal fees and $1,000 in disbursements and other costs.

The plaintiff?s original civil action asked for $25,000 in general damages, special damages that were not specified, all his legal costs be covered and any other relief the presiding judge might deem just and appropriate.

Gauthier was presented with a joint submission for the hospital to pay out $17,000 and she did not object to the proposal.

Legal documents obtained at the Sudbury courthouse said the plaintiff was a resident in the long-term care ward when the accident took place April 8, 2000.

The statement of claim says the plaintiff suffered a fractured left clavicle, soft tissue damage and various contusions.

The statement of claim further states the hospital was negligent for failing to employ competent staff and care, failing to properly supervise staff
involved in care and treatment, failing to properly train and instruct staff on how to properly transfer patients and they hired incompetent, inexperienced
and unqualified staff.

The claim alleges the nurse failed to ensure the bed was properly secure or used proper equipment, failed to call for assistance and was incompetent, inexperienced and lacking skill to safely transfer an adult patient.

Additionally, the claim states that as a result of the fall, the patient was unable to carry on simple day-to-day functions he was able to perform before the accident.

The plaintiff also suffered bouts of depression and frustration after the accident at the hospital.

A member of the communications department at the Sudbury Regional Hospital said the hospital would not comment.