Everything listed under: nursing home settlement

  • 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 Patient Dies After Permitted to Fall From Shower Chair; Nursing Home Settles

    Pain MedicationAn elderly female nursing home resident who required assistance bathing was permitted to fall forward from a shower chair to the floor while being showered at the facility. The aide providing shower care to the resident failed properly to supervise and assist the resident at the time of the fall.

    Right Femur FractureAs a result of the fall, the patient sustained a right hip fracture which required open reduction and internal fixation surgery.  The patient required narcotic pain medication after the fall. Following surgery, the surgical site became infected and required an additional surgery to remove the infection. The surgical wound was then treated with a wound vacuum.

     

    TimelineIn addition, the patient had to undergo multiple surgeries following the incident due to bowel complications that arose after the fall. As with the hip surgery, the wound created by the bowel surgery deteriorated and required a wound vac. Less than two months after the fall, the patient was diagnosed with MRSA infection of the surgical wounds at the right hip and abdomen. The patient died 49 days after the fall from sepsis and respiratory compromise. The patient’s descent from the fall until death is reflected on a timeline that summarizes her injuries and treatment.

    The case against the nursing home was settled, but the settlement amount is confidential at the nursing home’s request.

     


    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. 
    Pain Medication Right Femur Fracture Timeline
  • Nursing Home Settles Case After Allowing Patient to Fall and Sustain Hip Fracture

    An elderly nursing home patient diagnosed with Parkinson’s disease and dementia was admitted to a nursing home for rehabilitation following a hip fracture in May 2008. On admission to the facility, the patient was noted to be a high fall risk. While at the facility, the patient was permitted to fall more than 10 times. In February of 2010, the patient, who required extensive assistance for all ADL’s, fell while unattended in the restroom. The facility’s records indicate that the fall occurred before 9:00 a.m., however, the patient was not sent to the hospital until 12:45 that afternoon.

    Right Femur Fracture with Fixation SurgeryAs a result of the fall, the patient sustained a right hip fracture which required internal fixation surgery. After the fall, the patient required powerful narcotics for pain management. The patient then returned back to the facility where the fall occurred. The patient's surgical wound later became infected and required antibiotic treatment. One month after the fall, the patient’s orthopedist noted that the fracture had little new bone formation. Three months after the fall, the patient developed a urinary Pain Medication Exhibittract infection and required hospitalization because the treatment at the nursing home had been ineffective. Following treatment for the infection, the patient was placed on hospice care. The patient passed away shortly thereafter.

    The nursing home settled the case for a confidential, generous six-figure amount.

     

     


    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.


    Pain Medication Exhibit
  • Nursing Home Patient Breaks Neck and Dies Following Fall from Lift; Nursing Home Settles

    A stroke-compromised, immobile nursing home patient was being transferred using a mechanical lift when staff permitted the patient to fall to the floor. Only one aide was present during the attempted transfer despite the fact that two staff members were required to be present at all times during mechanical lift transfers. In addition, discovery revealed that the nursing home was aware, years before the fall, that the lift was defective.

    Cervical Spine FractureThe nursing home did not obtain a CT scan of the patient’s neck until almost three weeks after the fall, during which time the patient’s head was observed to be positioned “downward and resting on her chest,” the patient became increasingly lethargic and her appetite decreased. The patient could not follow commands and her grip also became weak. The CT scan revealed a neck fracture at C2 with extensive swelling within the spinal canal from C1-C4 with spinal cord compression.

    Once the neck fracture and spinal cord compression were diagnosed, the patient was hospitalized. However, because the neck fracture and spinal cord injury had not been timely identified, the patient’s physicians concluded surgery would be of no benefit. The patient began receiving hospice and palliative care, became less responsive, refused medication, and ultimately refused meals. The patient died three and one-half months after the fall. The patient’s family sued the nursing home for its failure to take proper fall prevention measures. The nursing home settled the case for a confidential amount.

  • Nursing Home Patient Falls During Transfer; Nursing Home Settles

    An 83-year-old nursing home patient was permitted to fall during a transfer from chair to bed. On admission toLeft Knee Injuries the nursing home, the patient was noted to have dementia, required total assistance for all ADLs, and required a mechanical Hoyer lift for transfers. Prior to the fall, the patient was known to be unable to attempt balance tests without physical help. The patient also had a limited range of motion in all extremities, her cognitive skills were compromised, she required cues and supervision for decision-making, and she was unable to feed herself.

    As a result of the fall, the patient sustained multiple fractures of the left leg and ligament tears of the left knee. After the fall, the patient was noted to scream in pain when her left leg was touched and when she was repositioned. The patient required powerful narcotics after the fall for pain management. The patient was a poor surgical candidate, so she received a knee immobilizer to stabilize the left leg fractures and other injuries. The patient’s orthopedist noted that the fractures had healed within two and one-half months after the fall, but the patient continued to experience decreased mobility. The patient died for reasons unrelated to the fall approximately one year later.

    We were able to obtain a generous six-figure settlement for the patient’s family shortly after a lawsuit was filed and before any significant time or expense was incurred during the case. The exact settlement amount is confidential at the nursing home’s request.


    Left Knee Inuries
  • Nursing Home Patient Allowed to Fall When Exiting Shower; Nursing Home Settles

    Right Wrist FractureAn elderly female nursing home patient who was ambulatory, but required assistance with bathing and toileting, was allowed by the supervising nursing home aide to fall when exiting the shower. The aide did not provide the patient with proper supervision or safety measures for exiting the shower. As a result of the fall, the patient sustained a comminuted fracture of the right wrist and an intertrochanteric fracture of the right hip. The right hip fracture required open reduction and internal fixation surgery. Four days later, the patient required open Right Hip Fracturereduction and internal fixation surgery for the right wrist. The patient recovered without complications and returned to her pre-fall status within several months after the fall.

    The nursing home settled the case for a six figure amount. The exact amount of the settlement is confidential at the nursing home’s request.


    Right Wrist Fracture wtih Surgical Fixation Rigth Hip Fracture with Surgical Fixation
  • 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
  • Roanoke Nursing Home Patient Develops Pressure Sore Requiring Amputation; Facility Settles

    A Roanoke nursing home permitted its elderly female patient to develop pressure ulcers (bed sore, pressure sore, decubitus ulcer) on her right heel and right foot. When the pressure ulcers (bed sore, pressure sore, decubitus ulcer) were first documented, they were described to involve eschar (dead tissue). The pressure ulcers (bed sore, pressure sore, decubitus ulcer) were thereafter permitted to deteriorate because the facility failed to take timely pressure ulcer prevention measures. Within two months of the date on which the pressure ulcers (bed sore, pressure sore, decubitus ulcer) were first noted, the patient required a below-the-knee amputation of the right leg. The nursing home also permitted the patient to develop pressure ulcers (bed sore, pressure sore, decubitus ulcer) on her lower back and hips. The patient’s family sued the nursing home for failing to take timely and proper pressure ulcer prevention measures. The nursing home settled the case for a confidential amount in the mid-six figures.

  • Lynchburg Nursing Home Permits Patient to Develop Pressure Ulcer; Nursing Home Settles

    A Lynchburg, Virginia nursing home permitted its elderly female patient to fall and sustain a skin tear to her right leg. The skin tear deteriorated into a severe pressure ulcer (bed sore, pressure sore, decubitus ulcer). Within two months after the skin tear, the wound was observed to be necrotic with yellow slough. The wound bed was noted to have eschar,Right Leg Pressure Ulcer and the wound was extremely painful. One month later, the tendons in the patient’s leg were visible through the ulcer. The nursing home failed to send the patient to a wound center for evaluation and treatment. Two weeks later, a mere three months after the fall and skin tear, the patient’s wound was documented to be a stage IV ulcer with erosion of skin, muscle, and flesh down to the tendons of the patient’s leg. Based on the size and depth of the ulcer, the patient required an above-the-knee amputation. The patient died six months after the fall. The patient’s family sued the nursing home for failing to take timely pressure ulcer prevention measures. The nursing home settled the case for a confidential amount in the mid-six figures.

  • Nursing Home Allows Patient to Fall and Sustain Hip Fracture; Nursing Home Settles

    An elderly patient at high risk for falls was permitted to sustain four falls within four months at the nursing home. As a result of the first of these four falls, the patient sustained a fracture of the right ninth rib. As a result of the third of the four falls, the patient struck his head and sustained a facial laceration that required stitches. As a result of the fourth of the four falls, the patient sustained a left hip fracture, which required open reduction and internal fixation surgery. The patient later died due to an unrelated illness. The patient’s family sued the nursing home for failing to provide proper fall prevention, which permitted the patient’s repeated falls. The nursing home settled the case confidentially for an amount in the mid-six figures.

  • Nursing Home Permits Patient to Fall and Sustain Hip Fracture; Nursing Home Settles

    An elderly nursing home patient was admitted to a nursing home as a high fall risk. The patient was initially provided with a bed alarm, but the bed alarm was withdrawn by the nursing home shortly after the patient arrived at the facility without any notice to the patient’s family. The patient’s family noticed during a later visit, the patient did not have either a fall alarm in his wheelchair or in his bed. That patient’s family advised the nursing home the patient needed a fall alarm at all times in bed and chair. The nursing home assured the patient’s family a fall alarm would be provided.

    The next day, after the visit by the patient’s family at which the nursing home advised a fall alarm would be provided immediately, the patient fell in his room. The patient had not been provided with a fall alarm. After the fall, the patient complained of severe pain in his hip. X-rays and an MRI were obtained and revealed the patient sustained a hip fracture as a result of the fall. The patient developed breathing difficulties, an increased temperature, and pneumonia. His condition deteriorated and he died at the hospital seven days after the fall. The patient’s family sued the nursing home for failing to take proper fall prevention measures, including its failure to provide the patient with fall alarms in his bed and chair. The nursing home settled the case for a confidential amount.

  • 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.

  • Patient Fractures Shoulder in Fall from Hoyer Lift; Nursing Home Settles

    An elderly female nursing home patient was totally dependent upon staff for transfers. The patient was transferred using a hoyer lift, which is a full mechanical lift that suspends the patient in a sling as the patient is transferred from one seating surface to another. During a transfer with a hoyer lift, the nursing home allowed the patient to fall and sustain an impacted fracture of her left shoulder. The nursing home also failed to provide the patient with adequate meals and fluid intake to prevent weight loss and dehydration. Specifically, the patient was allowed to lose seven percent of her body weight over a 180 day period, and she continued to lose weight thereafter. The patient ultimately developed a urinary tract infection with sepsis, was admitted to a local hospital, and died there several weeks after admission.

    The nursing home settled the case for a generous amount before trial. The nursing home requested confidentiality concerning the amount of the settlement.



    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.
  • Nursing Home Patient Left Alone, Falls and Fractures Hip; Nursing Home Settles

    A female nursing home patient was permitted to fall when she was left alone in her bathroom without any supervision. As an immediate result of the fall, she sustained pain during transfer from floor to wheelchair and from wheelchair to bed, facial grimacing on movement, and external rotation of the left hip and leg. The patient was later diagnosed at a local hospital with a comminuted fracture of the left femur with angulation. She was also noted to have moderate to severe pain, which required multiple administrations of morphine. She was transferred to another hospital for more aggressive orthopaedic care.

    Left Hip Fracture with Surgical FixationAt the second hospital, the patient was noted to have “leg pain whenever she moves” and the site of the fracture was painful. The hospital described her as experiencing “marked pain with any attempt at mobilization.” The patient received closed reduction and intramedullary internal fixation of the left hip in a surgical procedure performed at the second hospital. Following surgery, she was transfused with multiple units of packed red blood cells due to post-operative blood loss anemia. Unfortunately, the transfused donor blood was contaminated with bacteria that caused the patient to experience post-operative fever in a “transfusion like reaction,” which itself required the patient to receive IV antibiotics.

    The patient was discharged from the second hospital to a separate nursing home. While at the separate nursing home, the patient continued to experience severe pain as a result of the fracture. Due to fracture-related pain, the patient was noted by nursing home staff to be in tears when staff attempted to assist her physically with activities of daily living. She continued to experience pain daily thereafter, especially over the site of the fracture.

    Within one month after the fall and fracture, the patient was placed on comfort care by her family. While on comfort care, the patient began to experience cognitive decline and dementia that was complicated by the left hip fracture. She became increasingly dehydrated, disinterested in eating, and relayed to her family that she was “very tired and exhausted” and “ready to die and go to heaven.” The patient died several months later.

    The nursing home settled before trial for a confidential amount in the mid-six figures.


    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. Left Hip Fracture with Surgical Fixation Left Hip Fracture with Surgical Fixation
  • Nursing Home’s Rough Transfer Technique Fractures Patient’s Arm; Nursing Home Settles

    Left Arm Skin BreakdownA female nursing home patient required staff assistance for turning, repositioning, and transfers. The nursing home’s staff attempted to transfer the patient by lifting the patient under her arms from behind the patient’s body. The force of the attempted transfer caused the patient to sustain a comminuted left arm fracture with complete separation of the fracture fragments. As a result of the fracture, the patient’s left arm was placed in a brace and sling. Pressure caused by the brace and sling resulted in skin breakdown because the nursing home staff failed properly to pad the area around the arm’s splint.

    We were able to obtain a generous settlement on the patient’s behalf in an amount the nursing home requested be kept confidential.


    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.

    Left Arm Skin Breakdown
  • Patient Develops Severe Pressure Ulcers; Hospital and Nursing Home Settle

    An elderly female patient was admitted to a hospital for surgery following a hip fracture at home. On admission, the patient’s skin was intact and she had no pressure ulcers (also called pressure sores, bed sores, or decubitus ulcers). The patient was discharged from the hospital approximately one week later. At the time of discharge, the patient was documented to have three small open areas on her right buttock near the lower back. The patient was discharged from the hospital to a nursing home, which documented the patient to have open “excoriation” on her lower back. The nursing home otherwise assessed the patient as a “low risk for pressure ulcer development.”

    Hip Pressure UlcerTwo days after the patient was admitted to the nursing home, the facility noted the presence of a stage II sacral wound with dimensions of 6 cm x 6 cm with red tissue and drainage. The sacral pressure ulcer deteriorated thereafter. Within a couple of weeks, the ulcer was documented as stage IV with dimensions of 10 cm x 10 cm with significant undermining. While at the nursing home, the patient’s wound continued to deteriorate and became purulent with foul-spelling drainage and tunneling. The pressure ulcer was the source of significant pain and prevented the patient from participating in therapy following the hip fracture for which she was originally hospitalized.

    The patient was later transferred from the nursing home back to the hospital because the pressure ulcer had become infected. The patient had also developed a new pressure ulcer on her left hip. At the hospital, infection of the pressure ulcer was noted to have extended into the left hip hardware. The patient required multiple surgical debridements for the sacral and left hip pressure ulcers. She also experienced what was described in her medical records as “unbearable” pain in her buttock as a result of the sacral ulcer. The patient also required a wound vac and antibiotics. The patient was discharged from the hospital to a new nursing home, where her antibiotic therapy and wound care continued, she received therapy services, and where she remains today.

    We claimed that the hospital and nursing home failed to provide proper pressure ulcer prevention and care. Specifically, the hospital and nursing home failed to turn and reposition the patient as often as was necessary, often left the patient positioned on existing pressure ulcers, and failed to apply and use properly the wound vac, all of which caused the pressure ulcers to develop and deteriorate.

    The hospital and nursing home settled well before trial for a combined settlement in the mid-to-high six figures.



    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. Sacral Pressure Ulcer Left Hip Pressure Ulcer Sacral Pressure Ulcer Left Hip Pressure Ulcer Hip Pressure Ulcer
  • Nursing Home Patient Falls, Fractures Hip, and Dies; Nursing Home Settles

    An elderly female nursing home patient was, on admission to the nursing home, a high fall risk.Right Hip Fracture with Surgical Fixation After admission of the nursing home, the patient had been permitted to fall on no less than ten separate occasions. As a result of the tenth fall, the patient sustained a right hip fracture, for which surgery was required. One month later, the nursing home permitted  the patient to fall yet again, and the fall resulted in headaches, hip pain, and a hematoma and a laceration to the back of the patient’s head. Following these final two falls, the patient experienced a decline in health, began receiving hospice care, and died several months later.

    The nursing home settled this case before trial for a confidential amount in the mid-six figures.

     


    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. Right Hip Fracture with Surgical Fixation Right Hip Fracture with Surgical Fixation

 

PLEASE NOTE: THE RESULTS OBTAINED IN SPECIFIC CASES DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE.  PAST CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN FUTURE CASES.  THE RESULTS DESCRIBED IN THIS WEBSITE ARE FROM VIRGINIA CASES HANDLED DIRECTLY BY OUR OFFICE.