June Newbauer, 70, lived at the Grace Living Center. She was dropped to the floor as she was being transferred into a shower chair. An x-ray showed no fracture, according to radiologist and defendant, Dr. James Zimmerman. Another internist reviewed the same x-ray and also concluded there was no fracture.…
In this case, the plaintiff, Merton Messmore, brought a wrongful-death claim against the nursing home in Silvis, Ill., which is about 161 miles west of Chicago. Messmore’s wife, Mary, died after she allegedly fell. The Illinois Appellate Court called this case “a unique situation” about a stay under Section 2(d)…
Ms. Doe was in her 60s when she was admitted to the Roe Skilled Nursing Facility after undergoing hip replacement surgery. She asked for assistance with transferring herself from her bed or chair to the bathroom. A certified nursing assistant who had never worked with her before answered her call.…
Edward Arnold was 70 when he was admitted to Whitestone Care Center for rehabilitation after a below-the-knee amputation of his left leg. After he went through dialysis, he was placed in a chair and left alone. Arnold later fell, fracturing his right hip. The rehabilitation center’s staff then placed him…
A Mississippi Appellate Court has held that the two-year statute of limitations for the wrongful death of Sanders Hopkins Sr. was the basis for the dismissal from the lawsuit brought by Hopkins’ son. Hopkins Sr. lived in the Biloxi Community Living Center (CLC), an assisted living facility. He who used…
Cecil Gary, a 60-year-old resident of the McCracken Nursing and Rehabilitation Center, had a history of stroke and was also an amputee. Although he had limitations in caring for himself, he was aware of his surroundings and generally enjoyed his life. As a resident of this nursing home, he experienced…
A Louisiana State Appellate Court has held that the automobile policy exclusion in a long-term care and general liability insurance policy applied to claims barred on behalf of a patient who fell from a van’s wheelchair lift. In this case, Shirley Ann Marzell, who was a patient at the Charlyn…
A state appellate court had held that a nursing home’s alleged failure to prevent a nursing home resident’s injuries by raising bedrails was a triable issue of fact. The case centered on whether this choice — made by the nursing home — was a departure from the standard of care.…
Maria O’Brien was 84 years old and lived at Good Shepherd Health Center. Over a two-and-a-half-year period, she fell eight times at this nursing home facility. On the day of her last fall, she was left unattended in front of her bathroom sink despite a care plan calling for constant…
Violet Moseson, a 97-year-old resident of an assisted living facility, was mandated to be checked on every morning. The facility was to perform safety checks each morning for this resident and others. At the time of this occurrence, the electronic system through which the facility was supposed to communicate with…