RAPE OF A NURSING HOME RESIDENT
The Plaintiff, a 78 year old woman, was a resident of a nursing home. The Defendant/Nursing Home was charged with the responsibility of supervising the nursing home and providing a safe environment for residents who live thereon. The Defendant/Perpetrator was a relative of another nursing home resident. The Plaintiff was noted in the records to be at risk for wandering and elopement. The nursing home records indicated that prior to the date of the rape that the Plaintiff had eloped from the premises on several occasions. The perpetrator was a visitor at the nursing home. Several days prior to the incident, the perpetrator had to be removed from the nursing home for causing a disturbance. Furthermore, the perpetrator had a known psychiatric history. On the incident in question, the Plaintiff left the nursing home to go out into the parking lot. She was abducted by the perpetrator and raped. Suit was filed against the nursing home and perpetrator alleging that the nursing home failed to observe and monitor guests at the nursing home; failure to properly provide security for its residents; and failure to act upon the Plaintiff's prior wandering and/or leaving the premises. It was also alleged that the nursing home violated various sections of Title 28 applicable to nursing home facilities as well as the United States Code and Code of Federal Regulations. The law firm of LGKG hired a forensic nurse and nursing home administrator to support the Plaintiff's allegations of negligence. The case resolved by way of a six [6] figure setlement.
FAILURE TO MONITOR PATIENT DURING TRANSFER
The law firm of LGKG represented a nursing home resident in her 70's who suffered from Alzheimer's Disease. During a transfer from bed to chair, the resident was left unattended resulting in a fall whereby the resident sustained injury to her face and neck. It was alleged that the nursing home staff made an improper transfer. It was further alleged that they failed to monitor the resident during the transfer. Finally, it was alleged that they failed to use the proper belting on the wheelchair after transfer. There was settlement obtained on behalf of the Plaintiff and against the nursing home.
FALL DOWN OF A NURSING HOME RESIDENT
The Plaintiff was 85 years of age. She was a resident of the Defendant/Nursing Home. Prior to the date of her fall, she had been admitted to a local hospital where she fell and broke her arm approximately six (6) weeks before the fall which ultimately lead to her death. While at the nursing home, the Plaintiff was noted to be at risk for falls. Furthermore, the Plaintiff carried the diagnosis of senility, dementia and osteomyelitis. Prior to the date of her fall, the Plaintiff had fallen five (5) times within the six (6) week period prior to her death. Notwithstanding the foregoing, the Defendant/Nursing Home failed to provide a safe environment for the Plaintiff. As a result, the Plaintiff fell thereby causing her death. It was alleged that the Defendant/Nursing Home knew or should of known of the Plaintiff's propensity to fall. It was further alleged that the nursing home knew or should of known that the Decedent was often times confused, disoriented and had an altered mental status. Finally, it was noted that the nursing home knew or should of known that the Decedent had a shuffling gait and used a walker to aid her in her walking. Notwithstanding the foregoing, the nursing home failed to provide a safe environment including, but not limited to, the failure to provide a bed alarm and/or railings on the bed to prevent the Plaintiff from exiting the bed and walking on her on without the aid and/or assistance of staff. Furthermore, the nursing home provided the Plaintiff with medication with side effects including drowsiness and/or dizziness which greatly increased the risk of falls. It was further alleged that the Plaintiff should of been wearing a wander guard or other type of apparatus to alert the nursing staff when she was up and out of bed. There was settlement obtained on behalf of the Plaintiff and against the nursing home.
