Medical Malpractice Decubitus Ulcer Verdict

$1,500,000+  MEDICAL MALPRACTICE – NURSING HOME NEGLIGENCE – VIOLATION OF RESIDENT’S RIGHTS – FAILURE TO PREVENT AND PROPERLY TREAT DECUBITUS ULCERS – WRONGFUL DEATH FROM BRONCHIAL PNEUMONIA CAUSED BY INFECTED DECUBITUS ULCERS.

Palm Beach County, FL (188939)

This decubitus ulcer case was brought under Chapter 400Nursing Homes alleging that the defendant nursing home violated the decedent’s resident rights and was negligent. Specifically, the plaintiff’s nursing home lawyer alleged that the defendant rendered inadequate medical care which resulted in the decedent sustaining decubitus ulcers which ultimately caused his death. The defendant maintained that the decedent’s treatment during his stay at the defendant’s facility met the standard of care. The defense also argued that the decedent’s death was unrelated to any care or treatment he received at the defendant nursing home.

The decedent, age 72 at the time, was admitted to the defendant nursing home due to a diagnosis of end stage senile dementia, diabetes, hypertension, and coronary issues. He was discharged 63 days later to a second non-party nursing home. 13 days after transfer to the non-party nursing home, the decedent was transferred to a hospital. He died several weeks later. The medical examiner retained by the plaintiff family found that the decedent’s death was due to bronchial pneumonia caused by infected decubitus ulcers.

The plaintiff alleged that the decedent developed the decubitus ulcers and infection while under the defendant’s care and that the condition was preventable and was not properly treated by the defendant. The plaintiff introduced photographs depicting the decedent’s condition which were taken upon his admission to the subsequent facility. The defendant countered that the decedent’s death was a result of his preexisting health conditions and was a natural consequence of the aging process.

The defendant argued that the results of the decedent’s blood work showed that his wounds were not infected at the time he was discharged from the defendant’s facility. Furthermore, the defense contended that as a substantial amount of time had elapsed after the decedent’s discharge from their nursing home and the time of his death, establishing that the death was not related to the care rendered at its facility. The defense also noted that the decedent’s life expectancy was very limited at time he entered its facility.The jury found for the plaintiff in the amount of $1,500,000+. The defendant’s post-trial motion for new trial is currently pending.

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