Nursing Home Loses $2.3M in Wrongful Death Lawsuit Caused by Bed Sore
In this article, the Tampa, FL nursing home abuse attorneys at Florin Gray will review a case in which a Florida jury returned a verdict of $2.3 million on behalf of a nursing home resident who allegedly died after a bedsore became infected. The jury deliberated for four hours and returned a verdict in favor of the plaintiff holding the nursing home liable for the death of one of their patients.
According to the lawsuit, the patient developed a stage-4 pressure ulcer (colloquially known as a bedsore) while a resident at the facility. A stage-4 pressure ulcer is considered the most severe kind you can develop. The plaintiffs alleged that the facility failed to treat the bedsore before it became fatally infected. The plaintiff had the pressure ulcer for roughly four months before she died.
Analyzing the defense
Analyzing defense strategies in personal injury lawsuits can help give clients a better understanding of what they’re up against when they file a lawsuit. In this case, the defendants argued that the pressure ulcer was unavoidable and that the defendants provided the plaintiff with a high standard of care as befitting their profession. They further argued that the plaintiff had a host of other health concerns including kidney problems that ultimately led to her death. The jury, however, didn’t buy it. In this case, they found that the nursing home was negligent in not treating the bedsore before the infection went through the skin and started impacting muscle.
The defense further contended that the plaintiff’s stage-4 pressure ulcer was treated at a Gainesville hospital and she was released from that hospital into the care of another nursing home. The defense argued that the hospital would not have released her if the wound had become septic. They further argued that the wound alone did not account for the plaintiff’s death. They argued that the plaintiff’s death was not avoidable and based upon other conditions with which the plaintiff was struggling.
The biggest problem for the defense was that the plaintiff’s death certificate specifically noted that the stage-4 pressure ulcer was at least one of the causes of the plaintiff’s death.
Elements of negligence
While bedsores may not be entirely avoidable, there are ways that a nursing home can mitigate the damage they cause. In this case, they allowed the wound to advance to stage-4 which means that the infection had crossed the skin and was now attacking muscle and bone. The plaintiffs contended that the nursing home facility was understaffed at the time that the bedsore developed and that the plaintiff was given inadequate care because the facility allowed the bedsore to advance to the point that it became life-threatening.
Talk to a Tampa, FL Nursing Home Negligence Attorney Today
Bedsores are a common cause of injury in Florida nursing homes. When they do occur, they must be treated immediately so that the infection doesn’t spread. If you or a loved one has been injured in a Florida nursing home, call the Tampa, FL nursing home abuse attorneys at Florin Gray to schedule a free consultation and learn more about how we can help.
Source:
blog.cvn.com/2.3m-verdict-hits-nursing-home-in-wrongful-death-trial-over-patients-bed-sore