Settlement Reached With Hospital & Assisted-Living Facility In Case Involving Amputation Of Woman’s Legs

Following a trial and appeal, the family of Alice Limbrick has reached a settlement with the assisted-living facility where she was a resident.  In the lawsuit (Roy Limbrick et al v. Mariner Health Care, Inc.), the deceased woman’s family claimed both the assisted living facility where she was a resident and a hospital where she underwent medical treatment, were negligent in allowing her to developed pressure sores that ultimately led to the amputation of her legs.

Following the fall and resulting hip fracture at Green Acres Parkdale, Limbrick was admitted to Baptist Hospitals of Southeast Texas where she underwent medical treatment for her hip fracture.  It was during admission to the hospital, Limbrick developed pressure ulcers and blisters on her heels and left leg.

Despite the pressure ulcers, Limbrick was discharged from the hospital and sent back to Green AcresAmputation Of Woman’s Legs for rehabilitation of her hip.  At Green Acres, the pressure ulcers on Limbrick’s heels worsened, necessitating a re-admission to Baptist Hospital with a diagnosis of gangrene on both heels.  As a result of complications related to the pressure ulcers, both of Limbrick’s legs were amputated below the knee.

At trial the assisted living facility argued the family was partially responsible for their mothers medical condition because they did not sent her to an acute facility.  Additionally, the facility claimed the amputations were unpreventable as Limbrick suffered from a variety of debilitating medical conditions such as: a weakened immune system, diabetes, poor circulation, Alzheimer’s and general old age.

Despite the assisted living facilities arguments, a jury recognized the the facilities negligence in failing to properly treat the pressure ulcers and awarded the family $80,000 for past mental anguish, $20,00 for past medical expenses and $300,000 for past disfigurement and impairment damages.  It is unknown what the actual settlement between the parties entered into during the appeal process.  The case against the hospital was resolved prior to trial.

Cases involving elder neglect and abuse commonly involve multiple parties.  When proceeding in a claim against multiple parties it is important to put together a time-line to differentiate what facility was rendered care to the individual at the particular time.  It is also helpful to consult with an expert, such as doctor or nurse, to determine what the individuals condition was both at the time of admission and the time of discharge from the facility.

Read more about this lawsuit involving a Texas nursing home here.

For more information on nursing homes in Texas look here. For laws related to Texas nursing homes, look here.

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Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial. Lisa
After I read Jonathan’s Nursing Home Blog, I decided to hire him to look into my wife’s treatment at a local nursing home. Jonathan did a great job explaining the process and the laws that apply to nursing homes. I immediately felt at ease and was glad to have him on my side. Though the lawsuit process was at times frustrating, Jonathan reassured me, particularly at my deposition. I really felt like Jonathan cared about my wife’s best interests, and I think that came across to the lawyers for the nursing home. Eric