Michigan Nursing Home Medical Error Cases

Medical Error in Michigan Nursing HomesMedical mistakes are not easy to spot in many cases especially so when the victim is already sick, old, or vulnerable. This makes identifying and understanding medical errors in nursing homes quite complicated. However, it happens as a surprising rate.

Therefore, it is crucial to learn about if you are staying in a facility or have a loved one staying in a facility. In the sections below we summarize Michigan nursing home verdicts and Michigan nursing home settlements that contain an element of medical error to help you in this vein.

If you still have questions, then contact our offices and speak to any one of our nursing home lawyers.

$1,050,000 NURSING HOME VERDICT:

Wayne County, Michigan nursing home medical error case.

The case involved a lot of complicated medical circumstances and terminology. The resident at the center of this nursing home lawsuit was only sixty-seven. She was suffering from a number of conditions on a long-term basis but nothing threatened her health on an immediate basis.

At least that was the case until a series of events occurred that took her life while under the care of the nursing home. The end result was that she sustained cardiorespiratory arrest. This means that her heart stopped working and blood stopped being pumped throughout her body.

It is usually preceded by symptoms including chest pain, dizziness, blurred vision, tiredness, and similar feelings. When it happened to her, it was too much to overcome and she lost her life. Her family brought a lawsuit against the nursing home for wrongful death.

Their complaint alleged that the nurses employed to take care of her were not properly trained; that staff did not adequately monitor her condition; and that they failed to treat her in a sufficient and timely manner.

The defendant denied any fault and refused to settle so the matter went to court. A jury found that it was liable for her death and awarded the family $1,050,000 in damages.

Here are some interesting points about this nursing home verdict value:

  • It’s almost thirty-three percent higher than the median for this category of Michigan cases;
  • The verdict was to be split among the surviving family members including her spouse and eleven children; and
  • The verdict outsized her expenses by a factor of almost fifty to one.

$20,000 NURSING HOME SETTLEMENT:

Wayne County, Michigan nursing home medical error case.

This unfortunate incident happened to a female nursing home resident that was eighty-five years old. She was suffering from a number of conditions at the time due to her old age and infirmity. Therefore, she was constantly being seen by doctors and they put her on a series of medications and treatments.

One of the most important instructions they gave the nursing home where she was staying was to give her Dilantin in specific amounts and at specific times.

Then, check her vitals to make sure that there were not any complications. Yet, they didn’t do this or a number of other things including properly hydrate her, give her vitamins and nutrients, or check her toxicity levels.

Consequently, her health rapidly deteriorated and she got an infection and died. Lawyers for her estate claimed that the nursing home’s negligent care and service caused her decline and death. They asked for damages in Michigan court when they filed a lawsuit.

Though the defendant denied fault, it still agreed to settle and the family recovered $20,000 which might seem low before you remember the following:

  • Claims that nursing homes caused an infection which led to death are not as successful when the victim is already very old and sick in the first place;
  • The plaintiffs didn’t offer to prove they had suffered any real expenses; and
  • The woman had a history of problems similar to this before she entered the facility.

$1,000,000 NURSING HOME VERDICT:

Wayne County, Michigan nursing home medical error case.

The victim involved in this incident was a surprisingly young thirty-year-old man. He was epileptic and suffering from reduced metal abilities when this accident happened which was why he was in the nursing home in the first place.

What apparently started the affair was when he needed to take a bath. Nursing home staff helped him get into the bathroom but didn’t actually help him take a bath.

Subsequently, he drowned and died while facility staff waited in a nearby room. His family sued the nursing home for negligence and wrongful death. T

hey argued forcefully that employees should have helped him wash himself and that even the terms of the contract by which he was admitted stated that he needed to be watched at all times including during baths. The defendant nursing home offered a rather novel argument in its defense.

It said that to help him the bathroom would be to invade his right to privacy and it could not do that. Both sides could not bridge this divide before trial so they put their theories to a jury where it came down on the side of the plaintiffs.

They awarded them $1,000,000.

Here are some added insights to this nursing home verdict.

  • Before trial, the plaintiffs had demanded $550,00 and the defendant had offered $250,000 so the former did a lot better than they could have expected; but
  • This still hovers close to the average for Michigan wrongful death cases in nursing homes.

$85,000 NURSING HOME SETTLEMENT:

Wayne County, Michigan nursing home medical error case.

The Michigan nursing home resident that was at the center of this case was eighty-two. Prior to her admittance to the facility and before the events which gave rise to this lawsuit, she developed significant infections, sores, and other problems all across her body.

Her nurses and other nursing home staff were given clear instructions regarding her care. For instance, they were required to regularly rotate her body, clean her wounds, prescribe her medication, and inspect her for changes.

However, over a period of several months, her health only got worse; her sores only got worse, and she needed to be seen by advanced physicians in an emergency room. Once she got there, they determined that she had gangrene and need to amputate her leg.

She died not long after this procedure. She was survived by many children and grandchildren. They decided to sue the nursing home where she lived for negligence and wrongful death. Their suit complained that the staff’s neglect caused her problems and was why she died.

The nursing home responded that it was because she old and already sick but to avoid trial offered a settlement and the family obtained $85,000.

This figure is low but might make more sense after noting these points:

  • Because she died, her estate couldn’t make a claim for intangible damages like long-term pain or disability;
  • Also, for many reasons, it wasn’t entirely the fault of the facility that she died in the first place.
  • Plus, she got almost four times her expenses which is a higher ratio than many other Michigan nursing home settlements.

$500,000 NURSING HOME SETTLEMENT:

Michigan nursing home medical error case.

This Michigan nursing home settlement began as a wrongful death cause of action after a man died in the care of the facility. At age seventy-nine, he was facing a number of chronic conditions that threatened his life and challenged him on a daily basis.

Chief among them was diabetes. What apparently took place over a serious of several weeks was that nursing home staff didn’t provide him with proper medication or take him to dialysis treatments on a regular basis.

Therefore, he became very ill very quickly. He died about one and a half months after his first missed appointment. Once representatives of his estate discovered these missteps, they helped his family bring a lawsuit against the nursing home.

He was survived by a wife, several children, and two grandchildren. They collectively alleged that the defendant facility’s negligent service was the reason why he died and sought compensation for this and other damages.

It replied in brief that it was not responsible for his passing. Instead, it pointed to his pre-existing injuries and old age as the real culprits behind this incident. Yet, not long after this defense was filed, both sides ended the matter for $500,000.

Here are some insights into this settlement amount:

  • Despite his significant poor health before these events, the plaintiffs were in a good position because they could point to specific failures on behalf of the nursing home that could’ve led to his tragic death; but
  • The family still recovered less than the average and median for this kind of case.

$250,000 NURSING HOME SETTLEMENT:

Michigan nursing home medical error case.

The plaintiff in this Michigan lawsuit was sent to the nursing home at the center of this dispute just after having gone through surgery to correct a problem with his hip. Thus, when he got there, he was immobile.

In contrast to the directions specifically given for his care and rehabilitation, nurses ignored them, didn’t follow through on his required treatments, and didn’t reposition him as needed.

Therefore, he did not get better. In fact, his original injury got worse and he had trouble walking when all of the casts were removed. Soon after this point, he sued the nursing home for negligence. He claimed damages for increased medical expenses, pain, disability, and reduced quality of life.

The nursing home responded that it did everything it could and should and was not liable for any problems he was experiencing. Rather, it pointed to the man’s doctors as the ones to blame for everything.

Yet, eventually the nursing home came to its legal senses and realized that it did not perform the tasks as set forth by the admittance instructions.

The man got $250,000 in settlement compensation and here is how that amount broke down:

  • The majority of the settlement went to the man for pain, disability, and suffering;
  • A portion of it went to Medicare to satisfy a lien; and
  • The rest went to costs and attorney’s fees.

MICHIGAN NURSING HOME MEDICAL ERROR CASE TAKEAWAYS

Despite how difficult these cases might be to understand, it is important that you understand that they each have some common themes that run through them. Here are some pointers to help you see them:

  1. One important point of emphasis is how the nursing home did or did not diverge from the proper standard of care.
  2. Plaintiffs in nursing home litigation typically find success when the nursing home ignored what the doctor told them to do.
  3. A big focus of plaintiffs in these cases should be to show how the nursing home’s negligence directly led to their expenses-medical and otherwise.
  4. A lot of these incidents leave plaintiffs with disabilities and deformities and these translate significantly into what they receive in court or settlement.
  5. One serious point of contention in these lawsuits is how the plaintiff’s prior health condition contributed to this incident or how it did not.

DID A NURSING HOME COMMIT A MEDICAL MISTAKE AND INJURE YOUR FAMILY MEMBER?

If this was the case, then you should give us a call. The Rosenfeld Injury Lawyers LLC can help you file a case in Michigan court so that you get the compensation you need to move on from the incident.

Also, we don’t charge for anything if you’re not happy with the jury award or settlement amount. So call us today and begin the process of recovery.

To learn more about Michigan nursing home lawsuits, please read the following pages:

MICHIGAN NURSING HOME FALL CASES
MICHIGAN NURSING HOME BED SORE CASES
MICHIGAN NURSING HOME ABUSE CASES
MICHIGAN NURSING HOME INADEQUATE CARE CASES

For information on Michigan laws and regulations related to nursing homes, look at our page here.

If you are looking for information on a facility in a particular city or a local lawyer, please see pages below:

Client Reviews

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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
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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