Jury Blames Assisted Living Facility For Fall-Related Death Of 99-Year-Old Woman

Perhaps one of the more frustrating aspects of my job is attempting to convey the value of a senior’s life to a defense lawyer, insurance carrier or jurors.  Particularly, when evaluating the value of a nursing home or assisted living case, I find that people generally have a difficult time appreciating the significance of life’s later years.

Fall-Related Death Of 99-Year-Old WomanSure we can look at seniors and say, “Hey, he’s just an old geezer, maybe he had a another couple of decent years in him?  What’s the big deal if he died today or tomorrow?”

Alternatively, I suggest the value of our later days, months, and years really have more significance and value as many seniors gain a new perspective on life only when seeing the inevitable coming their way.

A Florida jury obviously acknowledged life’s significance when they blamed an assisted living facility for the untimely death of a 99-year-old resident at the facility—yes, that’s correct 99!

The Miami Herald reported that the family of Francis Tremblay was awarded more than $2.3 million in a wrongful death lawsuit against the facility.  In particular the lawsuit centered on the fact that Living Legends Retirement Center (Florida) failed to protect Ms. Tremblay for repeated falls.

In all, Ms. Tremblay fell almost one dozen times at the facility prior to a fall-related incident, which ultimately claimed her life after suffering from various fractures and cuts.

While I imagine the defense lawyers for the assisted living facility cautioned the jurors about the fact that Ms. Tremblay far exceeded her life expectancy, the jurors must obviously have been angered by the fact that employees at the facility reportedly expressed their safety concerns regarding the repeated falls to the deaf ears of the facility administrators.

While the award cannot change the care that was provided to Mr. Tremblay, I hope that this award serves somewhat of a reminder that our seniors—even the very senior seniors deserve to be treated with dignity and respect.

Learn more about the laws applicable to Florida nursing homes here.
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