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NURSING HOME RESIDENT FELL NUMEROUS TIMES

Type of Action: Nursing Home Negligence

Description: An 87-year-old male had been a resident of the defendant nursing home since 1996. In late 1999, resident began falling. During the year 2000, resident sustained more than 15 falls. In January 2001, the nursing home staff was found to have failed to use the fall-prevention devices that were supposed to be used for the resident. In February 2001, the nursing home staff again failed to use the safety devices that were supposed to be used for the resident. As a result of that alleged failure, Resident fell and sustained two fractured hips. Resident was not sent to the hospital until seven days after the fall.

During the resident’s hospitalization, both fractured hips were surgically repaired. Although the resident did not have pressure sores when he was admitted to the hospital, resident developed severe pressure sores on his heels during the time period that he was hospitalized. In deposition, resident’s treating physicians testified that the pressure sores could have been prevented and should have healed. Following resident’s discharge from the hospital, Resident was sent to a new nursing home. At that nursing home, Resident developed more pressure sores and the pressure sores that resident developed at the hospital worsened. In June 2001, following several hospitalizations to debride and otherwise treat the pressure sores that developed, the resident died.

Resident’s estate plans to file a lawsuit against the hospital and second nursing home due to the resident’s development of pressure sores.

Injuries Alleged: Bi-lateral Fractured Hips

Name of Case: Confidential

Court: Confidential

Case No.: Confidential

Tried Before: Mediation

Name of Judge: Confidential

Special Damages: Approximately $15,000

Verdict/Settlement: settlement

Amount: $450,000

Verdict Date: February 2003

Demand: n/a

Offer: n/a

Experts: Judith Britt, Nursing/Nursing Home Administration, Garner, NC; Dr. Rein Tideiksaar, Fall Prevention, Philadelphia, PA; Dr. Nannette Hoffman, Causation, Gainesville, FL

Insurer: Confidential

Plaintiff’s Atty: Stephen J. Gugenheim, Gugenheim Law Offices, Raleigh

© 2003 Lawyers Weekly Inc., All Rights Reserved.

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