News

Joseph Reese and Randy Sellers obtained a defense judgment following a four day arbitration of a nursing home malpractice case involving claims of personal injury and wrongful death. The resident, who had a history of falls at the nursing home, fell from her wheelchair and fractured her hip. It was alleged that the nursing home staff failed to equip the resident’s wheelchair with certain safety devices that had been recommended by the resident’s therapist to reduce the risk of wheelchair falls. Shortly after the hip fracture, which increased the resident’s immobility, it was discovered the resident had developed a deep tissue injury (pressure sore) on her sacral area. This pressure sore ultimately became infected by necrotizing bacteria and required two extensive surgical debridements. It was alleged the nursing home staff failed to follow proper pressure sore prevention measures and failed to properly address the pressure sore once it developed. The defense established there was no breach of the standard of care in terms of fall prevention and pressure sore prevention, and that the resident’s injuries and death were not caused by any negligent nursing care but instead resulted from an overall general decline in the resident’s chronic, underlying advanced illnesses.