Los Angeles Malpractice Lawsuit Settles for Hospital Dumping a Patient
A Los Angeles hospital and transportation company have settled a California medical malpractice lawsuit filed by a homeless paraplegic man who was discharged in a helpless condition without his wheelchair. The settlement not only provides an undisclosed amount of compensation, but also requires the hospital to adopt new protocols and improve the training of their staff.
In February 2007, Gabino Olvera was found dragging himself across the pavement in a hospital gown after her was dumped on “skid row” by Hollywood Presbyterian Medical Center and Empire Transportation, Inc. without his wheelchair. His malpractice lawsuit alleged that the hospital provided negligent treatment for his mental illness, misdiagnosed his urinary tract infection and inappropriately discharged him. The exact financial details of Olvera’s malpractice settlement were not disclosed.
The settlement also resolved a related lawsuit filed by the Los Angeles City Attorney’s Office. As part of the resolution, the hospital has put in place new steps for discharging homeless patients, trained their staff and agreed to allow a court-appointed official to monitor the new procedures. Hollywood Presbyterian Medical Center also agreed to pay $10,000 in civil penalties, $50,000 to cover government investigation expenses and $1 million to two Hollywood social service agencies. Empire Transportation will also pay a $10,000 civil penalty.
Hospital dumping lawsuits are not very common medical malpractice claims. In Los Angeles, city leaders have been working in recent years to try to curb the surprisingly common practice among hospitals when they discharge homeless patients. A new city law, which goes into effect in July 2008, makes it a misdemeanor crime for hospitals to take a patient to a location other than their residence without written consent.
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