Jury Awards $7.6 Million in Nursing Home Death

 Posted on January 31, 2018 in Nursing Home Abuse

Those who stay in a nursing home are usually there because they cannot physically or mentally care for themselves anymore. Families place their loved ones in nursing homes with the expectation that the staff will treat their family member with the same compassion and dignity that they do. When a resident at a nursing home is injured or killed due to the negligence of the nursing home staff, the injured person or the estate of the individual who passed away may be eligible for compensation. Such was the situation in a recent case involving a Georgia nursing home.

Lacking Medical Staff Can Result in Inadequate Care

The case in question was a lawsuit that stemmed from the 2012 death of a 71-year-old resident in a Lowndes County, GA, nursing home. According to court documents, the problems began the elderly man began complaining of vomiting and a distended abdomen. An alleged lack of appropriate medical staff at the facility meant that there was not a registered nurse (RN) or a doctor who could provide prompt medical attention. The only available medical staff member was a licensed practical nurse (LPN) who examined the man and called an off-site physician’s assistant (PA) for a second opinion, the lawsuit allged.

The suit claimed that the LPN contemplated sending the man to an emergency room based on his presenting symptoms, but the PA did not agree that emergency room treatment was necessary. The man’s condition reportedly worsened, and he was finally taken to a hospital. He only survived for another 12 hours, and he died from complications due to a bowel obstruction.

The lawsuit against the facility claimed said that if a registered nurse had been available that night, things would have ended differently. A registered nurse would have performed a more complete assessment of his symptoms and would likely have acted sooner to get the man the medical assistance he needed.

Legal Consequences

The jury assigned to the case found in favor of the plaintiff and awarded $7.6 million to the family and estate of the elderly victim. The jury found the nursing home liable for both ordinary and professional negligence and allocated 20 percent of the fault to the facility. The rest of the fault was divided among four nonparties. The company which operates the nursing home in question was represented by attorneys who said they will appeal the verdict.

Have You or a Loved One Been Injured or Killed in a Nursing Home?

Nursing home facilities have the serious responsibility to make sure that the most fragile members of our society are kept healthy and safe. When a nursing home does not do everything in its power to keep residents in good physical and mental health, the facility can be found guilty of negligence. If you or a loved one was not treated appropriately while staying in a nursing home, please do not hesitate to reach out for help. Call 312-535-4625 for a confidential consultation with a Chicago nursing home injury attorney today.

Sources:

https://www.law.com/dailyreportonline/sites/dailyreportonline/2018/01/29/7-6m-nursing-home-trial-award-tees-up-apportionment-wrangle/

http://www.valdostadailytimes.com/news/local_news/lowndes-jury-awards-millions-in-wrongful-death-suit/article_0b2295b4-4c8a-51bc-b636-2fe02d1ac29e.html