La'Rae H. Hendrix P.A.

Nursing home may be liable for personal injury, death to resident

Florida's climate and natural resources make it a haven for retirees and senior citizens. The state also has many nursing care facilities and medical assets to care for incapacitated elderly persons. Like in all states, however, a problem exists regarding nursing homes that fail to provide adequate care for their residents. When personal injury occurs to a resident due to staff negligence or abuse, the nursing home will likely be liable for economic damages to the resident or to a deceased resident's estate.

In another state, the estate of a deceased 99-year-old man filed a wrongful death lawsuit against a nursing home for negligent care that allegedly caused his death. The complaint alleges that the man fell out of bed and suffered a broken hip just two days after entering  the home. That injury is asserted to have caused the man's death about a month later.

The suit asks for $2.3 million in damages. It is asserted that the nursing home staff found the man lying on the floor of another resident's room, but the hip injury was not then noticed or treated. Eventually, the staff discovered the injury and had him transported to a hospital emergency room. The lawsuit alleges that because the nursing home was aware that the resident had a history of falls, the facility failed to provide adequate protections, supervision and staffing care to assist him in moving from one place to another.

The suit also alleges that the staff failed to put alarm mats around all sides of the bed, and that the defendant failed to train its staff adequately for such types of care. The suit demands $1.5 million for pain and suffering, $80,000 for medical and funeral bills, and $750,000 for loss of companionship of the patient by his surviving spouse. Generally, in Florida and other states the main issue in personal injury and death claims against nursing home abuse is whether the care fell below the minimum required standard of care under the circumstances.

Source:, "Junction City care facility accused of negligence in lawsuit over patient death", Alisha Roemeling, Jan. 12, 2018

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