Earlier this year in New York City, a deceased man’s family was able to recover roughly $2 million for the pain and suffering he experienced prior to his death while in a Brooklyn nursing home. According to court records, the elderly man was admitted to the care facility after he had fallen and sustained a painful injury that rendered him bedridden.
Once at the nursing home, doctors feared that the man’s bedridden status would put him at risk for bedsores, or “decubitus ulcers” as they are medically known, so the doctor told nursing home staff that the man should be turned over at least once every two hours. The order was canceled the following day.
Three days later, the man developed a bedsore that was initially classified as a stage-II bedsore, meaning that there was an ulceration and broken skin. Four days after that, the man was removed from the nursing home and brought to an advanced care facility that specialized in patients with bedsores. By this time, the man’s bedsore was classified as a stage-IV sore, meaning that there was exposure of a bone, tendon, or a muscle. The wound also became infected.
A short time later, the man died of causes that were not related to the bedsores. The family of the man filed suit against the nursing home, claiming that their professional negligence and malpractice caused their loved one intense suffering during his last days.
The Case at Trial
The family of the man claimed that their loved one’s bedsore was caused by the nursing home’s failure to routinely reposition the man. This, they claimed, was a departure from the standard of care that is to be expected in nursing home facilities, and constituted professional negligence and malpractice. They sought $3 million for their loved one’s pain and suffering.
The defense claimed that the man’s initial bedsore that originated while he was at the defendant nursing home healed within nine days, and the more serious bedsore developed later on.
The jury agreed with the plaintiffs, finding that the nursing home was negligent in providing the elderly man care. In the end, the jury awarded the man’s family $2 million, all of which was awarded for the man’s pain and suffering.
Nursing Home Negligence Cases
Nursing homes are all under a duty to provide a certain level of care to their residents. When a nursing home or care facility fails to provide the requisite level of care, the resident (or the resident’s family if the resident died as a result) may be able to recover monetary damages for their loved one’s pain and suffering or for their loss. To learn more, contact a dedicated personal injury attorney.
Do You Need an Attorney?
If your loved one is in a nursing home or care facility that you believe is not providing him or her with the proper level of care, make sure to get them out of the facility as soon as possible. After they are safely in another home, consider contacting a dedicated attorney about bringing a suit against the offending nursing home. Many times, nursing homes are not held to task for the negligent care or abuse of their patients. Call Duffy & Duffy, PLLC at (516) 394-4200 to schedule a free initial consultation today.
