I just finished a jury trial in Christiansburg, Virginia, which is just outside of Blacksburg and Roanoke, against the owners and operators of a Blacksburg nursing home. The case involved a 91-year-old nursing home patient who was allowed to fall from her bed to the floor. The fall caused her to sustain a forehead laceration that required 10 sutures. She also sustained a non-displaced (stable) fracture of her left femur (thigh) as a result of the fall. The fracture did not require surgery.
The patient had severe dementia, could not walk, had contractures in both arms and both legs, and was bedbound before the fall. She was also a hospice candidate before the fall. She died two and one-half months after the fall for reasons unrelated to the fall. The family pursued the case for recovery of the pain and suffering their mother sustained for the two and one-half months she was alive after the fall. Despite medical bills of only $18,500, the jury awarded the family $310,000 with interest. The nursing home's owners and operators offered to settle before trial for only a small fraction of the jury's verdict. A victory for the family and this patient!
Robert W. Carter, Jr. is a Virginia attorney whose law practice is dedicated to protecting the rights of the victims of nursing home and assisted living neglect and abuse in Richmond, Roanoke, Norfolk, Lynchburg, Danville, Charlottesville, and across Virginia.
Posted on Tue, April 8, 2008
by Robert Carter