Nursing Home Negligence
$400,000.00 Settlement
October 2004


Estate of Jane Doe, et al.

vs.

ABC Care and Rehabilitation Center, Inc., et al.


Court and Civil Action File No. are confidential pursuant to terms of settlement agreement
 
Liability Facts: 83 year old black female nursing home resident suffering from multi-infarct cerebral vascular disease, dementia, diabetes, and history of urinary tract infections was admitted to hospital with an infected stage III pressure sore, dehydration and malnutrition. Resident’s family complained to state agency of often finding her lying in urine and feces and being unable to find staff members to clean her. State survey team concluded that facility had violated resident’s rights by placing her in immediate jeopardy of harm. Resident was returned to same facility after 30 day hospitalization and placement of feeding tube. She expired there approximately 14 months later with cause of death indicated as respiratory failure. Plaintiffs brought wrongful death action alleging nursing negligence, negligent training, negligent supervision, understaffed facility and violations of Ga. Bill of Rights for Residents of Long-term Care Facilities. Defendants denied liability for resident’s death pointing to her advanced age and serious pre-existing medical conditions.
 
Injury: Stage III pressure sore, dehydration, malnutrition and hastened death

Medical Experts: Plaintiff: Greta M. Gilson, RN
Medical Expenses: All medical expenses were paid by Medicare, funeral expenses were $5,972.00

Settlement: $400,000.00

Attorneys: Plaintiff: Ronald F. Chalker, Falanga & Chalker, Craig D. Miller, Kaufman, Miller & Sivertsen
Defendant: T. Andrew Graham, Hall, Booth, Smith & Slover






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