Ms. Doe, 47 years old, suffered from multiple sclerosis and used a walker. After visiting an urgent care clinic, she became tired and tried to sit down on her walker. The walker flipped over and Ms. Doe hit her head on the pavement. A physician’s assistant at the clinic palpated the injury and stitched Ms. Doe’s wound before discharging her with verbal instructions.
Ms. Doe fell into a coma approximately five hours later. She was taken by ambulance to a hospital where testing revealed a skull fracture and intracranial hemorrhage with midline shift. Despite undergoing neurosurgery, Ms. Doe now suffers from severe cognitive issues and requires 24-hour-per-day care.
Ms. Doe sued the urgent care clinic, alleging that it chose not to transfer her to a hospital emergency room after the fall in light of her neurological symptoms, including one-sided weakness. The lawsuit also alleged that the urgent care clinic should have sent Ms. Doe home with written, not verbal instructions.