Man sues Curators for hospital mishap
Edward Todaro is suing the board for an injury suffered at University Hospital.
Published Dec. 8, 2006
The University of Missouri Health Care system could find itself $25,000 poorer if it loses a recently filed liability lawsuit.
Edward Todaro, of Thayer, slipped and fell while being treated at University Hospital on Sept. 5. He is suing the UM system Board of Curators for an amount in excess of $25,000.
Todaro was in the hospital for treatment of an unrelated condition.
"My client happened to be in University Hospital for problems dealing with his right foot, ultimately resulting in a below-the-knee amputation for his leg," Todaro's attorney Brian Brody said.
According to court documents, Todaro left the hospital to smoke a cigarette. Upon his return, he attempted to get back into his bed by himself when he slipped on a wet spot.
"We feel that's a dangerous condition that University Hospital either was aware of or should have been aware of," Brody said.
The court documents, which were filed Nov. 20, indicate that Todaro suffered a torn rotator cuff as a result of his fall. Doctors have told Todaro that he is not a candidate for surgical repair.
A rotator cuff is a group of muscles and tendons that stabilize the shoulder.
"Sometimes a rotator cuff injury can be repaired through surgery," Brody said. "For whatever reason, his doctors have indicated that the surgery is impossible, that he can't be made as good as new."
According to the court documents filed by his lawyer, Todaro will face steep bills for expensive medical treatment related to his rotator cuff injury.
To cover these costs, Todaro and his lawyer are asking the court to grant him the monetary damages.
Both the MU Health Care system spokeswoman Mary Jenkins and MU spokesman Christian Basi declined to comment on why Todaro's case is not being settled out of court.
"All I can speak to on that is the letter that I received from the (MU) attorney, saying that they believed that they had no liability in this case," Brody said.
Jenkins also declined to comment on why he believed the hospital has no liability in Todaro's case.
"We have a policy not to comment on ongoing legal cases," Jenkins said.
The attorney representing the system, William Arnet, did not respond to requests for comment.
Brody has his own opinions about why the hospital believes it is not liable.
"I do know that (the letter) referenced the fact that my client was trying to transfer himself from the wheelchair to the bed, but I am unsure why that would indicate they have no liability," Brody said. "I think it may also mean that they believe there was no wet spot or evidence of a wet spot there."
Brody said he could not speculate about how long the court case might last.
"That's a question that the attorneys will have to discuss amongst ourselves when we report to the judge," Brody said. "It's hard to say."