Patient Falls, Requires Surgery, and Dies; Facility Settles

An 85-year old male patient who suffered from dementia was admitted into a nursing home. The patient would frequently become disoriented, weak, and unsteady. This required him to have hands on assistance with all activities, especially transfers and when using his walker. He also had suffered from a stroke previously causing left sided weakness. For these reasons, upon admission, he was a high-fall risk patient.

Days after being admitted, he was permitted to fall out of his wheelchair after being left unsupervised in the community room. The staff of the facility moved him from the floor and put him in his bed. The facility did not notify family or the patient’s doctor of his fall. The patient complained of pain and they facility administered Tylenol. 

After the fall, the patient continued to complain of severe leg pain. The facility transferred him to the hospital to get X-rays, which showed he had a displaced left hip fracture. The patient required surgery in the form of a prosthetic hemiarthroplasty.

As a result of the fall, the patient experienced significant pain, became increasingly immobile and experienced other fall-related injuries and complications. The patient died a month after the fall.

The patient’s family contacted us to pursue claims against the nursing home and its owners and operators. We were able to obtain a settlement award for the patient.


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