Disclaimer: Every case is unique and different. The outcome of every case depends on a variety of factors, including the facts, parties, issues, jurisdiction, etc. Although Frith Law Firm was successful in these cases, we cannot guarantee or predict a similar result on any future case undertaken by our firm.
Bilateral Fractured Femur Case:
77 year female that was non ambulatory, slid from nursing assistants during attempted two person transfer, and fractured her femurs bilaterally. She underwent bilateral femur repair and sadly died 6 months after the surgeries. Plaintiffs alleged the nursing home staff was negligent in failing to use a gait belt, allowing the patient to slide and or fall to the floor, asking a nom weight bearing patient to stand and for performing a range of motion test after the fall. The defendant facility alleged one femur fractured before the fall, causing the fall to occur. Defendants denied liability. Settlement was reached the month before trial.
Pressure Ulcer Case:
70 year female developed Stage IV pressure ulcer on her sacrum (bottom); became dehydrated, malnourished, and suffered from fecal impaction. Transferred to local Hospital for insertion of PEG II but died before procedure. Our investigation revealed incorrect documentation in Nursing Home Records, as well as facility’s failure to provide resident with food, water, turning, wound care required by standard of care. The lawsuit alleged the facility’s failure to monitor residents wounds, and provide proper nutrition, caused her death. The nursing home argued she had a terminal ulcer that could not be prevented. Settlement was reached days before trial.
Nursing Home Fall Case:
81 year old female was discharged from a local hospital (where she underwent surgery to repair a fractured hip) to a nursing facility for post-surgical rehabilitation. On the night of her admission, she fell from the bed and broke her other hip, making rehabilitation very difficult. The lawsuit alleged the facility failed to assess the resident upon admission, failed to monitor the resident, and failed to take proper fall precautions (such as mats, half-rails, lower bed, etc). The nursing home argued that there was no duty to fully assess the resident upon admission, and that under federal Medicare law, they have over twenty days to perform a thorough assessment. Settlement was reached at mediation.
Nursing Home Elopement Case:
90 year old female was admitted to a nursing home with a diagnosis of dementia. She was assessed as a “risk for wandering.” Within months of admission, she wandered, unattended and alone, out of the building and into the parking lot. She sustained severe injuries upon falling in the parking lot, which caused her death days later. Settlement was reached at mediation.
Medication Error Case:
75 year old woman went to her primary care physician for her standard annual physical. Lab work revealed she had a urinary tract infection, and so days after her appointment, her physician called in a prescription to the local pharmacy. Unfortunately, the medication prescribed was the generic form of a drug our client was deathly allergic to! Reviews of the records reflect our client had told her physician about the allergy on numerous occasions. Within days of taking the medication, our client suffered severe organ failure, and a stroke. Both the physician and pharmacist were named in the suit, and both participated in settlement of the claim.
Medication Error Case Against Doctor and Nursing Home:
71 year old woman was discharged from a local hospital (where she underwent total knee replacement surgery) to a nursing facility for post-surgical rehabilitation. The law suit alleged that the nursing home staff, and attending physician, failed to give her post surgical blood-thinning medication. Not only had the medication been ordered by her surgeon, but the use of the medication is standard in elderly patients after lower extremity surgery. The resident’s family alleged that within two weeks of being admitted, the resident suffered a pulmonary embolism and died, as a result of not receiving necessary anti-coagulation medication. This tragic case ended by settling prior to trial.
Bacterial Infection in local Assisted Living Facility Case:
In the first three months of 2005, five residents of local assisted living facility in Roanoke, Virginia became sick and tested positive for Strep A streptococcus, a bacteria that can lead to necrotizing fasciitis, also known as the “flesh eating bacteria.” Frith Law Firm represented three of these residents. Our investigation revealed facility failed to take proper, but simple, precautions to prevent the bacteria from spreading and did not warn residents, or their families, about the presence of infection. The defendant facility argued that, unlike a nursing home, it had no duty to provide reasonable health care to its residents. As a result of extensive discovery and the involvement of experts from the assisted living industry, our firm was able to settle all three cases for our clients.
Assisted Living Facility Assault Case:
An 82 year old female resident was taken to a Virginia assisted living facility to stay for a few weeks while her family was out of town. On September 17, 2005, another resident in the facility violently attacked the female resident, and she died a few days later from head injuries sustained during the attack. Our investigation revealed the female resident was the 11th or 12th resident or staff member who had been physically assaulted by the attacker. Despite his known violent manor and propensities, the facility neither removed him from the facility nor reported his actions to law enforcement. The attacker was charged with attempted murder for attacking the female resident but found mentally incompetent to stand trial. Settlement was reached after our investigation but prior to filing suit.
Nursing Home Negligence / Product Liability - Dangerous Bed Rails:
The decedent was admitted to a Virginia nursing home for total medical management and remained at that facility until her death the following month. The decedent, 97 years old, was discovered by the nursing staff during the morning shift change. The decedent had fallen out of her bed between two (split) side rails. Her neck was entrapped between the side rail and the bed mattress and her buttocks rested on the floor. Her death was caused by positional asphyxiation. A claim was filed against the nursing home and settled. A second suit was filed against the manufacturers of the nursing home bed and bed side rails. Decedent's counsel discovered that the FDA had issued a safety alert for entrapment hazards for similar-type beds and side rails in 1995.The manufacturers of the bed rails and mattress settled the decedent's claim early in the litigation.
If you have a potential NURSING HOME NEGLECT Case and you would like our firm to evaluate the case, without charge, feel free to call, email or complete our evaluation form here.