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Nursing Home Injury – Fall

Amount Of Award/Settlement

$100,000
Nature Of Case

Nursing Home Injury.

Injuries Alleged

Fractured femur.

Court

N/A.

Attorney for Plaintiffs

PARKER | SCHEER LLP, Boston, Massachusetts

CASE SUMMARY:

Our nursing home and abuse law firm took on a case where the plaintiff, a 90-year-old male with increasing dementia, was a placed in a Massachusetts long-term care facility after multiple falls at home made it impossible for his elderly spouse to safely care for him. Upon admission to the nursing home, a care plan was developed for the plaintiff. The plan provided for safety measures due to his high fall risk, including sensor alarms on his bed and wheelchair and a wanderguard placed around his ankle. These measures were put in place to prevent the plaintiff from being able to walk around the long-term care facility without supervision.

Despite these measures, the plaintiff was still able to get up out of his wheelchair and travel an unknown distance in the hallway without supervision before falling to the ground and sustaining a comminuted right hip fracture. As a result of the fall, the plaintiff underwent surgical repair of his right hip fracture. His post-operative hospital course was complicated by concern for infection. Five days later, he was discharged from the hospital to a rehabilitation facility where he spent more than a month participating in physical and occupational therapy trying to regain strength and mobility in his leg.

Unfortunately, during the plaintiff’s recovery he developed pneumonia and ultimately died from complications of this illness.

The plaintiff’s estate filed a lawsuit against the nursing home facility alleging that they failed to adequately supervise him and allowed the plaintiff to move about unsupervised, which led to his fall and hip fracture.

The prosecution of the plaintiff’s case was complicated by the plaintiff’s underlying dementia, which made him an unreliable historian of the events that occurred on the day he was injured. Additionally, there were several different accounts of his fall in his medical records which made it extremely difficult to prove the actual location of the plaintiff’s fall.

The insurance carrier for the long-term care facility agreed to participate in a mediation of this matter. At the mediation, the defendant challenged the sufficiency of the plaintiff’s evidence as to the location of the fall, which – the defendant contended – was a critical causation issue. The defendant also challenged the extent of damages since the plaintiff died of unrelated causes five months after his fall.

The case settled one month before trial for $100,000.

Find Out If You Have A Nursing Home Injury Case

If you have suffered an injury due to nursing home’s negligence or abuse, contact our lawyers for a free confidential case review and receive a response within hours, or call (617) 886-0500. If you need a nursing home abuse lawyer outside of Massachusetts, contact us for a referral.

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Client Testimonials

M. S. 

I went to Parker and Scheer two years ago when I was hit riding my bicycle in NYC. This was a difficult and helpless time. Surgery was required and I didn’t have health insurance. I had never been through anything like this before and didn’t know where to turn...

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Andrea K.

Eric Parker saw the potential in my case and explored it in detail with patience and professionalism. He and his team achieved the outcome I was hoping for, and I can recommend Parker Scheer with absolute confidence.

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T.G.

I was referred to Parker|Scheer after my daughter was seriously injured in a car accident in November 2010. Deb and the firm of Parker|Scheer were nothing short of spectacular. If I ever need legal representation again, I would use them in a minute.

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Great Lawyer – Attorney Tofani was referred to me through friends and was highly recommended. I found myself in a tough situation with no prior criminal history and not sure what to expect. Attorney Tofani was kind, professional and experienced in the system.

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A.Q.

I have worked with Eric Parker and Barry Scheer for over a over 15 years. I have recommended them to friends and family without disappointment. When you know that you have someone you can call on a moments notice, for any legal matter, it is a comfort...

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Matt S.

My case was very unique. Through his hard work and excellent skills, Attorney Tofani achieved the bestpossible outcome. I highly recommend Attorney Tofani.

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