Family Wins $2.3M In Nursing Home Abuse Lawsuit
A grieving family recovered $2.3 million in a nursing home abuse lawsuit filed against a Gainesville facility here in Florida. A jury awarded the $2.3 million after hearing evidence about how the patient developed a bed sore that became infected and ultimately led to her death. The jury deliberated for around 4 hours in rendering their verdict. They heard evidence about how the patient developed a stage-4 pressure ulcer, the most serious kind while staying at the facility.
In this article, the Tampa, FL nursing home negligence lawyers at The Matassini Law Firm will discuss nursing home negligence and abuse cases.
Elements of negligence
In the case mentioned above, the nursing home failed to check the patient until her bed sore rose to a stage-4 pressure ulcer that ultimately led to her death. Pressure ulcers are a common complication of being bed-bound. Nursing homes are supposed to know that their patients may develop pressure sores if they are not rotated frequently. In this case, the pressure ulcer was allowed to develop until it became a threat to the woman’s life.
The nursing home was held accountable for the death to the tune of $2.3 million in damages. The family was able to secure the verdict after the jury heard evidence indicating that the nursing home was responsible.
The defense
Defense counsel for the facility argued that the wound was inevitable and there was nothing that the nursing home staff could have done to prevent the pressure ulcer. They argued that the ulcer was the result of the patient’s underlying conditions and that the nursing home rendered the prevailing standard of care to the patient.
When a lawsuit is filed against a nursing home, the conduct of the nursing home is compared against the standard of care for the profession. It isn’t enough to claim that the nursing home caused injury to the patient. You must establish that the nursing home deviated from the prevailing standard of care.
The defense attempted to claim that the nursing home provided the patient with the prevailing standard of care and that her injury and death was the result of natural processes. The nursing home further argued that the wound was not serious enough to cause the patient’s death. The defense further argued that the wound was treated by a local hospital and that the patient was discharged after treatment. They argued that the hospital would not have discharged the patient if the wound was still septic.
In this case, the jury didn’t buy the defense’s argument. They ruled that the nursing home was responsible for the death of their patient and that the pressure ulcer was the ultimate cause of her death.
Talk to a Tampa, FL Nursing Home Abuse Lawyer Today
The Matassini Law Firm represents the interests of those who are injured or killed in nursing homes. Call our office today to schedule a free consultation, and we can begin discussing your path to recovery right away.
