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Suit against Palm Beach Gardens Medical Center settled successfully for family

In the early morning hours of January 17, 2002, Dr. Edward Dougherty a patient at Palm Beach Gardens Medical Center, fell out of bed - not once - but twice. Dougherty's falls caused severe brain injury and left him severely and permanently impaired.

Most recently, Ted Leopold, partner in the West Palm Beach law firm of Ricci~Leopold and his co-counsel, attorney Stephan LeClainche of the Law Firm Babbitt, Johnson, Osborne, and LeClainche successfully represented Dr. Dougherty and his wife, Annie in a law suit against the medical center. The suit was settled for a confidential amount.

Edward Dougherty married to his high school sweetheart, Annie. They have been married for over 30 years and have two children. Dougherty had earned a Ph.D in clinical psychology and had earned a reputation as one of the leading child psychologists in the county.

Dougherty was a natural athlete and had participated over the years in countless triathlons. In December of 1999, Dougherty sustained a serious head injury when he fell off his bicycle while training. He was hospitalized, diagnosed with a brain injury and with a severe disorder, and treated for seizures.

Recuperation from this accident was long and difficult. However, after a period of two years, Dougherty was able to read, work on a computer hold an intelligent conversation, perform life's daily functions and exercise. He had basically regained 80-85% percent of his functioning ability back, however was occasionally experiencing generalized seizures. On the afternoon of January 16, 2000, Dougherty had experienced breakthrough seizures and, as a result, had to be taken to Gardens Medical Center. He was initially treated in the emergency room, and then admitted to the second floor of the medical center.

Upon arrival to the second floor the Nurse assigned to care for Dr. Dougherty evaluated his risk for falls. Based on her assessment, Dr. Dougherty was placed in a room close to the nurses' station so that he could be monitored and watched.

Despite the fact that Dougherty was assessed as being a high risk for falls, nurse failed to follow the hospital's policies and procedures by taking appropriate safety measures to prevent Dr. Dougherty from falling out of bed. It is with this background that Dr. Dougherty fell out of bed, not once, but twice under the alleged 'watchful eyes' of the hospital's nursing staff.

At 12:45 a.m., January 17, Dr. Dougherty climbed out of bed and fell to the floor. The nursing staff including the nurse, who had earlier accessed Dougherty, examined him and found a bruise on his right temple. Dr. Dougherty was returned to bed. The same nurse testified that after the first fall she had no explanation as to why she did not then implement the medical center's policies and procedures concerning a patient who is prone to falls and has fallen. “Because of this inexcusable negligence, Dr. Dougherty fell out of beg again and sustained a severe head and brain injury,” Added Leopold.

As a result of these falls, Dr. Dougherty was diagnosed with a severe injury to his brain which required emergency surgery.

Prior to the falls, Dr. Dougherty was leading a normal life. Tragically, after the falls he became profoundly mentally disabled. His wife has become his caretaker. “Annie and Ed have now taken on the role of parent and child as opposed to wife and husband,” concluded LeClainche.

“As a direct consequence of the Gardens Medical Center's negligent failure to follow its own policies for patient care and oversight, Dr. Dougherty is now in a state of perpetual confusion. He is unable to participate meaningfully in any type of adult interaction, and most importantly, lacks sufficient insight to be able to safely and completely care for himself,” added LeClainche.

This is an enormous tragedy. If the nursing staff had followed simple, basic safety procedures this would not have happened. For it to happen not once but twice is blatant negligence. I hope this institution, as well as other patient care facilities, will learn from these incidents.

Obviously, besides a settlement that will assist in Dr. Dougherty's care, the Dougherty's hope this incident will alert others to the problems and potential dangers. These incidents can and will occur when appropriate care and oversight is not provided.