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May 28, 2019

Nelson Hardiman Wins Jury Trial on Behalf of Hospital

Partners Zachary Rothenberg and Jonathan Radke prevailed in a three-week jury trial on behalf of a local hospital client.

The hospital had admitted an elderly patient in Spring 2015, only to have the patient and his family refuse to be discharged to a nursing home once his condition stabilized, or to apply for secondary insurance once his Medicare hospital coverage ran out. The hospital was forced to continue caring for the elderly patient for 18 months, even though the patient did not require an acute hospital setting nor was hospital being paid for services provided.

Once retained, Nelson Hardiman was able to help persuade the patient/family to cooperate in the patient’s discharge from the hospital. After which, a lawsuit was filed on behalf of the hospital to seek compensation for the unpaid hospital services rendered to the patient.

The Dispute

The patient/family disputed any obligation to pay, claiming that there was no binding agreement between the hospital and patient, and that the care received was sub-standard. Nelson Hardiman proved during the trial that the hospital’s Admission Agreement was signed by the patient’s wife as the holder of “power of attorney” (and was therefore binding), and that the hospital met the applicable standard of care in treating the patient.

The Verdict

After just three hours of deliberation, the jury returned a near-unanimous verdict that the patient/family is obligated to pay for the entirety of the care received, in the amount that the hospital requested. Nelson Hardiman also anticipates recovering attorneys’ fees incurred litigating the case to verdict.

For questions or business inquiries contact:
Zachary Rothenberg
310.203.2800
[email protected]

Jonathan Radke
310.203.2800
[email protected]

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