Everything listed under: nursing home attorney

  • Fall Causes Fracture, Surgery, Infection, and Immobility; Nursing Home Settles

    An elderly female patient who was a known fall risk was admitted to Avante at Lynchburg, a nursing home in Lynchburg, Virginia.  Just days into her stay, the nursing home permitted her to fall from her wheelchair while being assisted by a CNA.  After the fall, the patient was taken to a local hospital, where she was diagnosed with an oblique left femoral fracture with significant displacement.   

    The fracture required open reduction and  intramedullary fixation surgery.  She remained at the hospital for  10 days.  She returned to the hospital shortly thereafter when  the wound at the surgical incision site appeared to be infected. 

    The resident was treated at the hospital and was  returned  to a rehabilitation center.  The patient suffered significant pain  and immobility as a result of the fracture. The case was tried to a Lynchburg jury, which awarded a substantial six-figure verdict plus interest.  


    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.

  • Patient’s C.Diff Not Timely Diagnosed or Treated; Nursing Home Settles

    A female patient was admitted to the nursing home for short term rehabilitation. While at the nursing home, the patient began experiencing loose stools and diarrhea daily. She also experienced confusion, drowsiness, nausea, light headedness, low blood pressure, weakness, fever, lethargy, and incontinence. Despite daily diarrhea and decline in her medical condition, the nursing home did not test the patient for Clostridium difficile (C.diff) toxins in her bowel. After two weeks of daily diarrhea, the nursing home finally obtained a stool specimen from the patient and transmitted it for C.diff testing. Delays occurred in obtaining and transmitting the stool specimen for testing, during which time the patient’s condition continued to deteriorate. The patient began experiencing large malodorous green mucous stools. C.diff test results revealed the presence of C.diff toxins in the patient’s stool. The patient was prescribed Flagyl to treat the C.diff. The antibiotic was prescribed far too late in the course of the patient’s C.diff illness and the patient was transferred to the hospital in septic shock.

    At the hospital, the patient was diagnosed with severe C.diff colitis and required removal of her colon. Despite colon removal and placement of a colostomy, the patient continued to deteriorate and was diagnosed with multi-system organ failure and peritonitis. The patient died after being hospitalized for several weeks. The patient’s family sued the nursing home for failing to recognize the patient’s C.diff, timely confirm the C.diff with diagnostic testing, and timely treat the C.diff with antibiotics, all of which would have prevented her lengthy disease, hospitalization, septic shock, and death. The nursing home settled the case for a confidential amount in the seven figures.

  • Nursing Home Settles Case Involving Resident-on-Resident Assault

    An elderly, mobile, female nursing home patient was assaulted at the facility by another resident. The patient, who was in her room at the time of the assault and injury, was able to ambulate with a walker before the fall. The resident was pushed to the floor during the assault, where she was later found by nursing home staff, lying in a pool of blood caused by a laceration to her head. The victim was also complaining of severe left hip pain which was later diagnosed as a severe left hip fracture.

    Left Hip Fracture With Surgical FixationThe nursing home at which the assault occurred knew that the resident responsible for the assault was dangerous. In the year before the assault, he was documented in the nursing home’s records to have been involved in repeated aggressive, violent episodes of both actual and threatened harm to other residents, guests, and nursing home staff. Specifically, the resident was documented to have punched another resident in the nose, was noted to be “aggressive” with staff, and would frequently wander into other resident’s rooms. When staff attempted to re-direct the resident, he became angry. In addition to punching another resident in the nose, he was also noted by nursing home staff to have sexually assaulted another female nursing home resident and to have pushed other male residents.

    On the date of the injury to the female victim of the assault, the aggressive resident went into the female patient’s room and pushed her. A nurse heard the female patient “screaming and yelling for help” and found her “on the floor in a puddle of blood coming from her head” with the aggressive resident standing nearby. The female victim told the nurse the aggressive male resident had pushed her. While waiting for an ambulance to arrive, the female patient “kept thrashing around saying she broke her leg.”

    When rescue squad personnel arrived, they documented the female resident complaining of severe back, left hip, and head pain and had a “notable deformity” of her left hip. They also documented “noticeable blood loss” on the floor from the female patient’s head laceration.

    As a result of the fall, the female patient sustained a comminuted crush fracture of the left hip, which required surgery. The female patient also required staples for her head laceration, as well as powerful narcotics for pain control. The female patient likewise sustained significant loss of function as a result of the fall, fracture, and surgery. Her family discharged her to a separate facility, where she continued to live until her death several years later from causes unrelated to the fall. The nursing home settled the case for a confidential, generous six-figure amount.

    Left Hip Fracture with Surgical Fixation
  • Nursing Home Patient Without Alarm, Falls and Sustains Hip Fracture; Nursing Home Settles

    Right Hip Fracture with Surgical FixationAn elderly nursing home patient, known by the facility to be at high risk for falls, fell three times within a seven-hour period just days after admission to the nursing home. As a result of the third of the three falls, which occurred when the patient was left unsupervised in his wheelchair without a chair fall alarm, the patient sustained a displaced left hip fracture. The hip fracture required open reduction internal fixation surgery. The patient remained hospitalized following surgery and was later admitted to a different nursing home for skilled care. At the new nursing home, the patient became lethargic and unresponsive.

    A little over one month after the fall, the patient was transferred back to the hospital, where he was observed to have an altered mental status, was diagnosed with sepsis, and died. The patient’s family sued the nursing home at which the fall and hip fracture occurred for failing to take proper fall prevention measures. The nursing home settled the case for a confidential amount.

    Right Hip Fracture with Surgical Fixation-Nursing Home Neglect Injury
  • Nursing Home Allows Patient to Fall During Care & Sustain Fractures; Nursing Home Settles

    An elderly, immobile nursing home patient was allowed to fall from her bed to the floor while being repositioned during incontinence care. The nursing home aide responsible for the fall turned the patient away from her to the opposite side of the bed, left the patient on her left side, and required the patient, who had sustained a stroke with right-sided compromise, to use her right hand to hold onto the repositioning bar/rail of the bed for safety. The aide then turned away from the patient, and the patient fell from her bed to the floor.

    After the fall, the patient complained of pain to her right arm and right leg. When ambulance attendants arrived at the nursing home after the fall, the patient told the ambulance staff that she did not want to return to the nursing home because the facility did not take care of her. The patient was transferred to a local hospital, where she was diagnosed with a right shoulder fracture and a right femur fracture. The patient was not a surgical candidate, so the fracture was treated conservatively. The patient’s right arm was placed in a sling and her right leg was placed in a leg immobilizer.

    The immobilizer, which was required to stabilize the fracture, caused pressure around the lower leg and caused Right Arm and Leg Fracturesa Stage IV pressure ulcer to develop several weeks after the fall and fractures. The pressure ulcer (bed sore, pressure sore, decubitus ulcer) was documented to be unstageable with purulent green foul smelling drainage. Within a couple of weeks thereafter, the pressure ulcer (bed sore, pressure sore, decubitus ulcer) was noted to involve exposed tendon and bone in the right leg. The pressure ulcer (bed sore, pressure sore, decubitus ulcer) required sharp debridement and was the source of significant pain. The patient later developed sepsis and bacteremia from infection of the right lower leg pressure ulcer (bed sore, pressure sore, decubitus ulcer). The patient died a little over three months after the fall. The patient’s family sued the nursing home for failing to provide proper fall prevention. The nursing home settled for a confidential amount of money in the mid-six figures.