Wrongful Death: Nursing Home Abuse

Jurisdiction: Confidential
Amount of Settlement: Confidential

W. Morris Taylor and Patricia L. Brownlee, (St. Louis County) for Plaintiff, the surviving son of decedent. Decedent, age 81, was admitted to a St. Louis County nursing home because she was falling and injuring herself at home, and she was unable to care for herself due to early dementia. During the admission, the nursing home staff evaluated Decedent and prepared a fall risk assessment which indicated that Decedent was at a high risk for falling.

During the course of her nine week stay at the facility, decedent fell from her bed on at least one occasion, and fell from her wheelchair at least six times. The Activities Director noted that Decedent tended to lean forward in her wheelchair, but did not request a restraint for Decedent. Although a lap buddy was requested by the staff and ordered by the attending physician, a lap buddy was never provided to Decedent. Decedent was transported to an area hospital after she fell from her wheelchair and struck her head on the bare floor. Decedent developed a subdural hematoma and died five days after her fall.

After depositions of Decedent’s son and members of the nursing staff, the parties engaged in mediation but were unsuccessful in reaching an agreement. One week later, the parties reached an amicable settlement.

 

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