Medford Couples Lawsuit Upheld
Friday, March 16th, 2018 -- 10:29 AM
(USA TODAY NETWORK-Wisconsin) -A state appeals court Thursday upheld a $1 million damage award to a Medford couple who sued a local health care provider for injuries suffered during a fall after a colonoscopy procedure.The District IV Court of Appeals rejected all arguments brought by attorneys for Memorial Health Center Inc. and Physicians Insurance Co. of Wisconsin, in the second appeal from the nursing malpractice lawsuit Kim Westrich filed for injuries he received during recovery from a 2005 colonoscopy. According to the appeals opinion, during his procedure, Westrich was given a sedative, and afterward nurse Susan Moretz monitored his recovery. Westrich complained of stomach cramps and Moretz helped him to the bathroom, told him to use the call light to summon her, and not stand up until she returned.
While on the toilet, Westrich felt a sharp pain which caused him to jump up, hit his head on a wall and fall. He fell again when he tried to get back to his bed and was discovered by nurse Pamela Lugo. A week later, Westrich told his doctor that he had lost his sense of taste and smell.
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