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Recent Cases PDF  | Print |

Skilled Nursing Facility

  • A known wanderer leaves the facility undetected. She falls and dies six months later of her injuries.
  • A hospital bed brake fails during transfer causing a resident to drop to the floor.
  • A nursing home takes no safety precautions to prevent an agitated newly admitted resident from falling. She falls and suffers severe injuries.
  • A nursing home discharges a patient to his disabled wife’s care.
  • Required staffing levels are not met resulting in elder neglect.
  • An elderly woman at high risk for falling is left unattended on a commode.
  • A consumer advocacy group sues the state run nursing home claiming that its residents are denied the right to live in the community and receive local services.
  • Two unsupervised residents have an altercation resulting in the death of one.
  • An elderly woman is in a nursing home recovering from a hip fracture. While there she falls a second time breaking her other hip.
  • A state run long term care facility is sued for alleged deficiencies and for not adhering to the Olmstead Act which requires “a least restrictive setting” for its residents.
  • A woman’s broken leg left is unattended resulting in amputation.
  • An elderly resident refuses dialysis. The facility fails to notify family. She suffers renal failure, fluid overland and dies shortly after.

Assisted Living/RCFE/ Board & Care

  • An assisted living resident, on large doses of painkillers, is left to smoke in the facility’s smoking room. She catches fire and dies of her burns.
  • An elderly RCFE resident is sent to the ER for breathing difficulties. Upon examination it is determined that she has a hip fracture.
  • A heat wave causes multiple air condition failures in a community. A deceased resident’s family alleges that the AC failure in the RCFE is a result of negligence and causes the elder’s death.
  • A physical therapist leaves a Board & Care resident alone on a porch. The resident attempts to enter the house falling and breaking her hip.
  • An assisted living resident refuses care and food. She dies of stage four decubitus ulcers.
  • A 72 year old man falls in his room and is left undetected on floor for 3 days.
  • A male resident allegedly rapes a female resident.
  • A resident is abandoned in a Board & Care facility and suffers brain damage from a fall.
  • Staff fails to treat bed sores and report stage 4 decubitus ulcers to family and medical doctor.
  • Staff on phone does not respond to alarm which alerts staff that resident has left premises. Resident found in gutter with broken hip and subdural hemotoma.
  • Improper admission to an assistant living facility results in broken hip, downward health spiral and death.
  • Man in Alzheimer’s unit elopes. Efforts to return him to facility results in severe arm fracture.
  • Ninety –five year old resident is not assisted disembarking from van. She falls and suffers hemotoma.
  • Man falls, but is not transferred to hospital for evaluation. He suffers a compression fracture in lower lumbar.

Adult Day Care/AdultDay Health Care

  • An 80 year old participant is transported from the center to her home. The van driver leaves her off without assistance in an unfamiliar location with uneven terrain resulting in a broken wrist.
  • Two elderly Adult Day Health Care Center participants have an altercation. One collapses and dies.
  • An elderly participant of an Adult Day Care facility is placed on the wrong van, delivered to the wrong address and ultimately has a fatal heart attack after wandering aimlessly in unfamiliar neighborhood.
  • An elderly woman resists getting into a car leaving day care. Her daughter-in-law is charged with physical abuse trying to get her into the vehicle.
  • Woman boards a van unsupervised, falls backward. strikes head on asphalt, and suffers a hemotoma.

Home Health Care

  • While in the care of a novice home health care worker, an elderly woman falls in the shower, breaks her leg and dies some months later.
  • An agency sends out an abusive worker.
  • A home care worker is hired to provide 24 hour care for resident in RCFE. Worker leaves for dinner and resident falls out of bed.

Conservatorship

  • A relative petitions the court for “substituted judgment” in order to have the conservatee’s estate left to him.  The court seeks expert testimony regarding the conservatee’s wishes.
  • A conservatee is “kidnapped” by her elderly boyfriend. Upon return to the RCFE, the court requests an expert opinion regarding whether the boyfriend should have continued access to the woman.

Hospital

  •  Staff leaves scalding coffee near bedside of weak patient. No safety precautions taken. Woman suffers burns. 

Mental Capacity

  • Adult children contest their father’s estate plan saying he was not of sound mind when it was executed.
  • An 88 year old requires an evaluation to determine her mental capacity to manage financial resources.
  • A woman alleges that her daughter tricked her into signing over her home.
  • Four siblings allege that their brother used undue influence to persuade their father to name their brother as the single beneficiary of his estate.
  • Financial advisor conducts financial transactions for client who is unconscious. Family claims that transactions were done without permission.

 

Last Updated ( Wednesday, 15 July 2009 )
 
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