Verdict and Settlement Examples for the Aspiring LNC
September 4, 2022 | BY KATHLEEN MARTIN, RN, MSN, WCC
The LNC usually doesn’t care about settlements so much, but it is interesting for any healthcare provider to be aware of the various levels of settlements related to nursing facility negligence cases.
In the 7 years following the enactment of OBRA, the federal regulations mandated for all US nursing homes, the average award in nursing home negligence cases nearly doubled to approximately $525,000.
While there are no comprehensive studies assessing the percentage of preventable pressure injuries resulting in litigation, six and seven-figure settlements and verdicts are not unusual. The following are examples of notable settlements and verdicts:
In a 2008 Georgia case, the jury awarded $1.25 million to the estate of a 67 year old nursing home patient who developed a stage IV pressure ulcer/injury on his left buttock and became malnourished and dehydrated. The plaintiff alleged that the nursing home staff failed to prevent and treat the pressure injury by failing to turn and reposition him, failing to keep him clean and dry, and by the nursing home’s failure to provide adequate staffing (Mosby v. Tucker Nursing Ctr. Inc., 2008).
In a 2007 case filed in Cook County, IL, a quadriplegic patient developed multiple Stage IV pressure injuries on his coccyx, hips, and heels after being admitted to the nursing home for rehabilitation. The suit alleged that the nursing home was understaffed, and the staff failed to turn him at appropriate intervals, to keep his skin clean and dry, and to appropriately assess his condition. The parties settled for $1 million (Wazydrag v. Alden N. Shore Rehab. & Health Care Ctr., Inc., 2007).
A Virginia jury returned an $850,000 verdict against a nursing home finding the nursing home negligently caused or contributed to the patient’s death due to pressure injuries, malnutrition and dehydration. The plaintiff introduced evidence that the nursing home staff charted care for the patient when he was not in the facility and even after he died. In a Texas trial, the jury awarded the plaintiff $83 million, including $70 million in punitive damages against a nursing home after an 83-year-old resident who entered the facility alert but unable to walk allegedly died from infected pressure injuries. The plaintiff also asserted that the nursing home failed to provide water due to insufficient staffing, causing the patient to suffer severe dehydration. The plaintiff introduced evidence of other medical problems at the facility and evidence of 18 other residents who were hospitalized during the weeks before the resident’s death. Perhaps most damaging to the nursing home, the plaintiff alleged that the facility fraudulently concealed that the staff was not licensed and the staffing was inadequate. (Holder v. Beverly Enterprises Texas, Inc., 1995).
While most pressure injury lawsuits appear to arise in nursing homes, a Las Vegas, N.M. jury recently awarded $10.3 million to the estate of a patient who developed bed injuries at a regional medical center following hip surgery, with $595,000 designated as compensatory damages and $9.75 million as punitive damages. According to the plaintiff’s lawyer, the hospital failed to follow its own protocols for screening and preventing pressure ulcers (Haywood, P. 2011, Feb. 18, Christus St. Vincent Regional Medical Center was slapped with a $10.3m penalty in a bed ulcer/injury lawsuit. The New Mexican).
The staggering number of preventable pressure injuries has numerous health care and legal implications. As the vast majority of pressure injuries are preventable, health care providers who fail to acquaint themselves with developments in the prevention and treatment of pressure injuries subject their patients to unnecessary risk of serious injury or premature death. When these cases result in litigation, a well-informed LNC can play a critical role in ferreting out the meritorious from the defensible and preparing the case for a successful trial.
If you would like to learn more about how to become an LNC, go to
www.6figurelegalnurse.com for more information and to register on the 6-Figure Legal Nurse online course.
LEAVE YOUR COMMENTS
ABOUT ME
RECENT POSTS
18 April, 2022
18 April, 2022
Legal Nurse Pro provides a comprehensive online course called the "6-Figure legal Nurse” designed for RN’s to learn how to become legal Nurse Consultants. Learn at your own pace with many videos, PDF templates and actual case samples. Ongoing mentoring is also available. Make over $100k part-time working from home!
CONNECT WITH US
Copyright © 2023 6-Figure Legal Nurse - All Rights Reserved.