Starnes Davis Florie


Wright, Bates and DeBuys Prevail in Nursing Home Malpractice Arbitration

January 27, 2012

Reed Bates, Mike Wright, and Billy DeBuys recently obtained a defense judgment in a nursing home case involving claims by the plaintiff for personal injury and wrongful death. The case was tried before an arbitrator in Chambers County and involved a resident who lived at the nursing home for two years. The plaintiff claimed a “cascade” of negligent events by the nursing home staff resulted in the resident developing pressure ulcers, urinary tract infections, respiratory failure and other adverse effects due to an overdose of Fentanyl, and ultimately the death of the resident. The plaintiff relied upon expert testimony from a treating physician, standard of care expert, and independent causation expert. The nursing home presented expert testimony from the nursing home’s medical director, standard of care expert, pharmacology expert, and an independent causation expert. After a four day arbitration hearing and submission of post-hearing briefs, the arbitrator returned a judgment in favor of the nursing home as to all claims asserted by the plaintiff.

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