Jury Awards Woman $1.3M After Fall At Elder-Care Facility

A California jury awarded $1.3 million in damages to a resident who fell at Leisure Palms, an elder-care facility.  In October, 2006 Elaine Stinson was admitted to Leisure Palms by her husband so the facility could provide care to Elaine– who was diagnosed with Alzheimer’s and was recovering from hip surgery.

 Fall At Elder-Care FacilityOn December 31, 2006, Elaine fell at Leisure Palms and sustained a closed-head injury, broken ribs, and a punctured lung.  Despite the injuries, staff at the facility placed her in bed–but never notified her physician or husband.  On January 1st, Elaine’s family found her non-responsive and took her to a hospital where she underwent surgery for fall-related injuries.  Elaine spent 10 months recovering at a rehabilitation facility.

According to the woman’s lawyer, staffing deficiencies were the primary she sustained the fall.  “There was an inability to monitor, care for or even understand the needs of the elderly that they take on.”

Leisure Palms will appeal the verdict.  Read more about this California jury verdict in favor of an injury elder here.

Nursing Home Staffing

OBRA regulations, essentially the standard of care for nursing home residents, require nursing homes to, ‘provide the necessary care and services for each resident to attain or maintain the highest practicable level of physical, mental, and psychological well-being’.  This standard is set forth F-Tag 309.  Perhaps the most crucial element in allowing residents to achieving their maximum potential is providing a well trained staff that is capable to tending to resident needs and ensuring their safety.

Learn more about the laws applicable to California nursing homes here.
Click on the links for information on nursing homes in San Diego , Los Angeles and San Francisco

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