This is a nursing home fall medical negligence lawsuit filed by a woman in Anne Arundel County against a FutureCare nursing home that gets awful ratings from Medicare. The strange thing about this case is the claim seems to be about 15 different falls. This lawsuit was in Maryland Health Claims Arbitration on February 3, 2017. This is the 61st medical malpractice case filed in Maryland in 2017.Summary of Plaintiff's Allegations
Plaintiff is admitted to defendant Future Care Chesapeake in Anne Arundel County for long-term nursing care due to Alzheimer's. She is considered a high fall risk which, obviously, is expected with Alzheimer's patients.
Plaintiff alleges that defendants failed to properly implement fall protection mechanisms despite her high risk of falling. She suffers at least fifteen falls during the 20 months she resides at defendant facility. These falls result in cuts to her right eye, skin tears, a right shoulder fracture, a left wrist fracture, and a fracture of her nasal bones.
Plaintiff claims that these injuries are permanent and severe, resulting in significant medical expenses and surgeries.Additional Comments
It will be interesting to see what Plaintiff's expert will contend on damages and causation. Nursing home fall cases are very serious malpractice claims. The challenge of this case is that there are so many falls. The evidentiary mess is looking at each fall and each injury and determining where there was negligence and causation.
A lot of nursing home fall lawsuits get filed in Maryland, but we have never seen one with this fact pattern. Is Plaintiff going to content that each and every fall was the result of negligence? Was anyone advocating for the patient after all of these falls? There are a lot of questions after reading any legal complaint but this one in particularly provides more questions that answers.
The nursing home is going to argue they are in a catch-22. The woman is falling but putting her in restraints. This particularly FutureCare facility put none of their patients in restraints, according to the last Medicare survey. FutureCare is going to say that putting this patient in restraints would be the only option other than 24-hour care.Jurisdiction
- Anne Arundel County
- Bay Manor Nursing Home, Inc., Future Care Chesapeake
- Future Care Health and Management of Chesapeake, Inc.
- Failing to protect plaintiff from falls
- Failing to ensure fall protective mechanisms utilized were effective
- Failing to implement appropriate fall protection mechanisms
- Failure to modify the fall precautions in place to meet the safety needs of the Plaintiff
- Medical Negligence
- None at this time
If you have suffered due to the negligence of a doctor or nursing home staff, we can help you. Call Miller & Zois today at 800-553-8082. You can also get a free online case review. We have a long history of obtaining large results in medical malpractice and nursing home cases in Maryland, earning large verdicts and settlements.More Malpractice Claim Information
- A look at some of the frequent nursing home defendants in Maryland
- Maryland nursing home lawsuits filed in 2016 and 2017
- A case filed in 2017 against Future Care Pineview, alleging the failure to give physical therapy and allowing the victim to develop bed sores
- The settlement or verdict value of nursing home malpractice cases
- Settlement value of nursing home fall cases generally
- Have questions about a medical malpractice issue? Look here