Denise Wood vs.  Suzanne Percival-Pacini, et al

Case Background

On May 29, 2020, Plaintiff Denise Wood filed a premises liability and medical malpractice lawsuit in the California State, San Bernardino County, Superior Court (Case Number: CIVDS2008904) after suffering a hip fracture. This case was assigned to District Judge Rodney Gilstrap and referred to Magistrate Judge Roy S. Payne.

Cause

On May 13, 2019, Denise Wood visited St. Mary Medical Center in Apple Valley, California, to see her ill mother. While walking through the facility, she slipped on a liquid substance left unattended on the floor. The fall caused significant injuries. She immediately experienced severe pain. St. Mary Medical Center and its parent company, Providence Health Services, owned, controlled, and operated the premises at the time. The hospital staff failed to maintain safe conditions, creating a hazardous environment that led to this premises liability incident.

A hospital employee named Michelle, acting within the scope of her employment, instructed Plaintiff to report the incident to the emergency department. Michelle transported her in a wheelchair for a medical evaluation. The emergency department staff, including Suzanne Percival Pacin, Ramandeep S. Dhillon, M.D., and Duy Q. Bui, M.D., conducted an X-ray of her hip. The imaging revealed a fractured femoral head in her left hip. Despite clear medical evidence, the doctors and hospital personnel failed to disclose this critical injury. They concealed the diagnosis, leaving her unaware of her hip fracture. Their failure to inform her resulted in delayed treatment and prolonged suffering. The case involves both premises liability and medical malpractice claims against the hospital and its physicians.

Injuries

The fall at St. Mary Medical Center caused Plaintiff to suffer a hip fracture. Because the attending physicians failed to disclose her injury, she did not receive timely medical intervention. For months, she endured severe pain and mobility issues, believing her injury to be minor. Without proper medical guidance, she unknowingly aggravated the fracture by continuing her daily activities. The delay in treatment led to severe complications. She eventually required a total hip replacement.

Plaintiff’s injury severely affected her physical and emotional well-being. The untreated hip fracture caused persistent pain and difficulty walking. Her mobility declined significantly. The delayed diagnosis forced her to endure unnecessary suffering and emotional distress. Had the hospital staff acted responsibly, she could have avoided months of hardship. The case highlights hospital negligence, failure to provide proper care, and medical malpractice. It holds St. Mary Medical Center and its staff accountable for their actions.

Damages

Plaintiff incurred substantial medical expenses due to the hospital’s negligence and concealment of her hip fracture. Because hospital staff failed to disclose her injury, she did not receive prompt medical care. As a result, she suffered extended pain and unnecessary complications. She required a hip replacement, followed by extensive rehabilitation and physical therapy. The delayed treatment worsened her condition, increasing both her physical pain and emotional distress.

Beyond medical costs, her injuries severely impacted her daily life and financial stability. She struggled with mobility issues that affected her ability to work and perform routine activities. The hospital’s failure to provide proper care forced her to endure unnecessary hardship. The premises liability lawsuit seeks compensation for the suffering caused by St. Mary Medical Center’s negligence. Plaintiff seeks damages for past and future medical expenses, lost income, and emotional distress. She also demands punitive damages to hold the hospital accountable for its medical malpractice. This case underscores the legal consequences of hospital negligence and failure to disclose critical injuries.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Denise Wood
    • Counsel for Plaintiff: Ashkahn Mohamadi, Esq
  • Defendant(s): Suzanne Percival-Pacini | Providence Health & Services, a Washington Corporation, St. Mary Medical Center, Duy Q. Bui, M.D., and Ramandeep S. Dhillon, M.D.
    • Counsel for Defendants: David Paul Pruett | Curtis C. Holmes II | John E. West | Elizabeth D. Ammann | Robert L. McKenna III | Michael R. Pittman | Andrew J. Wiseman

Claims

Plaintiff filed a personal injury lawsuit against St. Mary Medical Center, Providence Health Services, and the treating physicians for premises liability, negligence, and fraudulent concealment. She alleged that the hospital failed to maintain safe premises, directly causing her fall and hip fracture. She also claimed that the attending doctors intentionally concealed her diagnosis, depriving her of necessary medical treatment. Their negligence prolonged her suffering and worsened her condition.

By pursuing this premises liability lawsuit, Plaintiff seeks compensation for her medical expenses, lost income, and emotional distress. She also requests punitive damages to hold the hospital accountable for its medical malpractice. The case emphasizes the importance of patient rights and the duty of care hospitals must uphold. Plaintiff aims to ensure that similar instances of hospital negligence do not occur in the future.

Defense

Defendants denied all allegations in Plaintiff’s complaint and argued that they bore no responsibility for her injuries. Dr. Bui claimed he fulfilled his professional duties by documenting his findings in Plaintiff’s medical chart. He asserted that he did not intentionally conceal any information. He also argued that Plaintiff failed to prove fraudulent intent, a necessary element of her fraudulent concealment claim.

The defense attorneys argued that Plaintiff’s injuries resulted from her own negligence or the negligence of third parties. They claimed that if she suffered damages, her own actions contributed, and any award should be reduced accordingly. They also maintained that she knowingly assumed the risks associated with her medical treatment and consented to all procedures.

Additionally, the defense claimed that Plaintiff failed to mitigate her damages by not seeking timely medical care. They argued that her lawsuit lacked merit, failed to establish a valid cause of action, and was barred by the statute of limitations. They invoked California’s Medical Injury Compensation Reform Act (MICRA) to limit potential damages and asserted that Plaintiff’s claims should be resolved through arbitration if she had signed an agreement.

Defendants further argued that California laws protected medical professionals from liability. They requested that the Court dismiss the case and award them legal costs.

Jury Verdict

On February 18, 2025, the jury determined that Plaintiff suffered a total of $3,915,000 in damages. They awarded her $120,066 in future medical expenses. For past non-economic losses, including physical pain, mental suffering, loss of enjoyment of life, and physical impairment, they awarded her $2,365,000. Additionally, they awarded $1,100,000 for future non-economic losses, such as continued pain, emotional distress, and loss of quality of life.

The jury found that Plaintiff bore some responsibility for her injuries. They concluded that her negligence substantially contributed to her harm. They assigned 85% of the responsibility to St. Mary Medical Center and 15% to Plaintiff.

Court Documents:

Documents are available for purchase upon request at jurimatic@exlitem.com