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California Nursing Home Inadequate Care Settlements & Verdicts (Case Valuation)
Nursing homes have been flooded with a wave of new residents in recent years. It makes sense that there will be some need to catch up.
However, this should not detract from their responsibility to provide consistent and quality care.
Unfortunately, in many instances, nursing homes are failing to meet this standard and are delivering inadequate care.
Below we provide some cases in California that arose because residents were injured by the deficient service of the facility they were living at.$1,675,000 Verdict Los Angeles, California Nursing Home Inadequate Care Case
This tragic incident occurred to a veteran in his early sixties that was staying at a nursing home. He was a diagnosed alcoholic and was labelled a high risk for falls. Despite this label, the doctors and staff on site were not informed of his status and nothing was done in order to prevent him from falling.
In fact, he ended up falling down and breaking his neck. The incident left him paralyzed and, according to his lawyers, contributed to his death.
Lawyers for his estate sued the nursing home for negligence and wrongful death. They claimed that the defendant nursing facility should have done more to prevent the incident including but not limited to the following:
- Alerted all staff responsible for his care to his particular medical condition.
- Provided continuous care and constant supervision.
- Used handrails and other devices to ensure the resident was properly secured.
- The jury agreed with the plaintiff’s lawyers and awarded the estate $1,675,000 in damages.
This nursing home dispute was striking for how many errors it contained. The victim in question was a female nursing home resident in her early eighties.
While living at the facility, she broke her hip, developed bed sores, experienced dehydration and malnutrition, and saw her overall health critically decline.
Unfortunately, many of these problems progressed so much before she was taken to the doctors that there was little they could do.
Her lawyers brought suit on her behalf against the nursing home alleging that its inadequate care was responsible for her poor health.
Prior to trial, both sides settled for $800,000 most likely for the following reasons:
- The nursing home could not justify the development of so problems in the woman’s condition.
- They had a duty to inform the woman’s doctors immediately after these problems arose.
- The woman had to spend thousands of dollars on medical bills to correct the damage that the nursing home’s negligence had done.
This was one of the most tragic nursing home incidents that you will ever read about. A young man in his early thirties was transferred to a nursing home for care related to depression and other mental illnesses. He didn’t make it long. He committed suicide soon after being admitted to the nursing facility. He was survived by a father and daughter.
Together they brought suit to recoup the damages that the loss brought them. In their complaint, they alleged that the nursing home failed to adequately supervise him and otherwise care for him appropriately.
The nursing home and the plaintiffs chose to settle before trial for $225,000.
Here are some factors that justify this settlement agreement:
- Much of the settlement was structured for the future wellbeing of the deceased man’s daughter.
- The deceased man was not given his medications.
- The deceased man had tried to commit suicide prior to this incident.
- This case was brought as a wrongful death action in addition to an inadequate care case.
An 82-year-old woman was the victim of nursing home inadequate care in this case. Prior to being admitted to the facility, she was diagnosed with dementia and other serious health conditions. However, once she got in the nursing home, her condition only worsened.
She developed sepsis, dehydration, and malnutrition. Routinely, she was left in dirty diapers and this even resulted in a urinary tract infection.
Lawyers for the woman sued the nursing home for negligence and the defendant facility offered $100,000 to settle.
The plaintiff agreed to the settlement maybe because of the following facts:
- Many of the problems she was suffering from started prior to her time in the defendant nursing home.
- The defendant’s negligence probably wouldn’t translate into long-term pain and suffering.
- The plaintiff could point to objective consequences of the defendant’s negligence including rashes and urinary tract infections.
This sad tale reminds us of the need to be cautious when leaving our loved ones in the care of nursing homes. Here, an 81-year-old entered a nursing facility to obtain care and ongoing treatment for issues related to dementia and Alzheimer’s disease. Unfortunately, she didn’t get it.
Previously, her doctors had prescribed her a rigid course of a handful of medications to alleviate her symptoms but the nursing home staff failed to deliver them to her. Also, she experienced metabolic encephalopathy which comes about through extraordinary dehydration.
When her family came to visit her one day, she was unresponsive and had to be taken to the hospital. There the family learned the true extent of the injuries that the nursing home imposed upon the elderly woman.
They brought suit against the facility for negligence and received $779,000 in damages.
Here are some things that could have tipped the scale in this case:
- Metabolic encephalopathy probably only comes about in nursing homes if the staff isn’t doing it job or at least not paying attention.
- The woman almost died and sustained a lot of pain because of the incidents described in the lawsuit.
- The emergency room visit and related doctors consultations related to the event caused the woman a lot of medical bills.
This case evidenced nursing home failures in a whole host of ways. The victim at the center of all of them was an elderly woman experiencing a number of health problems.
Apparently, the staff let her wander around outside where she got off the premises, fell, and broke her hip. They also failed to properly feed her, medicate her, or generally care for her.
The woman and the woman’s lawyers brought suit against the nursing home for negligent care.
The defendant facility didn’t go down without a fight. They blasted back that the resident was to blame and they complied with everything. However, the jury disagreed and awarded the women $500,000 in damages for past and present non-economic injuries.
Here are some facts that might have helped the jury reach this point:
- The state of California had recently cited the nursing home for a failure to provide adequate care to other patients and even initiated an investigation into the facts of this case.
- The nursing home retaliated against the women by trying to evict her.
- The women had clearly been neglected by the nursing home staff and paid a significant bodily, mental, and financial toll for it.
The victim of this nursing home accident was an elderly man. He was 76 years old and suffering from dementia among other significant health problems.
One day while walking around the nursing home premises, he slipped through the security system and left the property. He was hit by a car and killed not long after that. The estate of the man brought suit against the nursing home for negligence and wrongful death.
They alleged that the defendant facility should have monitored him better, put in better security systems, and prevented this situation from happening. They sought compensation for various damages including pain and suffering, wrongful death, lost support, and other harms.
The defendant home refused all of these points but still sought to settle. The number that they arrived at was $1,500,000 and the decedent’s estate accepted this offer.
Here is why they might have agreed to this deal:
- The defendant could not display significant measures they took to prevent residents from escaping.
- The plaintiff was supposed to receive better supervision and was killed because nobody was watching him.
- The man was survived by a number of family members.
This case was one part in a long series of inadequate care accidents that happened at this particular nursing home. The victim in this episode was an elderly woman in her late seventies.
She slipped through the staff’s fingers was one day and wandered around outside the premises for several hours. Nobody really knows how long she was actually outside the property.
However, at a certain point, she became so tired that she fell down and broke a number of bones in her body including several in her head and face. Once she was found, she was brought right to the hospital for emergency medical treatment. Doctors thought that they could alleviate all of her health conditions but she contracted pneumonia and died while there.
Her family sued the nursing home for wrongful death and negligence.
Their lawsuit argued that they should have done more to protect her from exiting and hurting herself including the following:
- Install video and security systems to better monitor people coming and going from the property.
- Employ and train staff more efficiently to prevent these kinds of accidents from occurring.
- Alert the authorities and families when residents have escaped the nursing home.
- Even though the nursing home objected to any failures, they still agreed to settle the case for $1,500,000.
Nursing homes owe residents so many duties that it can be hard to keep track of them and completely understand how they have messed up.
Here are some tips to help your focus:
- Compare the facility’s policies and procedures to its record of implementation of them.
- Look to similar lawsuits where residents were comparably injured and note the exact laws, rules, regulations that the defendant was said to have violated.
- See if the resident’s doctors or family gave any notes or instructions to the nursing home then check if the home followed through on them.
- If the resident’s injuries were over a period of time, figure out when the facility staff became aware of them and what they did to correct it once they did.
- Analyze to what extent the resident’s prior medical history created the injuries or at least worsened them.
Attorneys at Nursing Home Law News analyze nursing home misconduct to see whether or not residents are entitled to relief. If your family member was harmed because of a California facility’s negligence, then call our offices.
We can work with you to obtain all the compensation available under the law. Also, we won’t charge you for anything if you’re not content with the outcome. There’s no reason to wait. Contact us today!
If you are looking for information on the laws and regulations that apply to nursing homes in California, look here.
For information on nursing facilities in specific California cities and for local attorneys, look at pages below:
- Anaheim Nursing Home Lawyers
- Bakersfield Nursing Home Lawyers
- Chula Vista Nursing Home Lawyers
- Fontana Nursing Home Lawyers
- Fremont Nursing Home Lawyers
- Fresno Nursing Home Lawyers
- Irvine Nursing Home Lawyers
- Long Beach Nursing Home Lawyers
- Los Angeles Nursing Home Lawyers
- Oakland Nursing Home Lawyers
- Oxnard Nursing Home Lawyers
- Redding Nursing Home Lawyers
- Riverside Nursing Home Lawyers
- Sacramento Nursing Home Lawyers
- San Bernardino Nursing Home Lawyers
- San Diego Nursing Home Lawyers
- San Francisco Nursing Home Lawyers
- San Jose Nursing Home Lawyers
- Santa Ana Nursing Home Lawyers
- Stockton Nursing Home Lawyers