FutureCare Nursing Home Fall Lawsuit

Shakra v. Bay Manor Nursing Home, Inc.

Person FallingThis 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
Defendants
  • Bay Manor Nursing Home, Inc., Future Care Chesapeake
  • Future Care Health and Management of Chesapeake, Inc.
Negligence
  • 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
Specific Counts Pled
  • Medical Negligence
Plaintiff's Experts and Areas of Specialty
  • None at this time
Getting a Lawyer for Your Nursing Home Negligence Claim

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

Contact Us For a Free Consultation

If you are hurt in a serious accident or are the victim of medical malpractice, contact our team of lawyers to discuss your case.
Call us now for help at (800) 553-8082

You can also get a FREE no obligation on-line consultation.

Client Reviews

They quite literally worked as hard as if not harder than the doctors to save our lives.
★★★★★
Ron helped me find a clear path that ended with my foot healing and a settlement that was much more than I hope for. Aaron Johnson
★★★★★
Hopefully I won't need it again but if I do, I have definitely found my lawyer for life and I would definitely recommend this office to anyone! Bridget Stevens, Google User
★★★★★
The last case I referred to them settled for $1.2 million. John Selinger
★★★★★
I am so grateful that I was lucky to pick Miller & Zois. Maggie Lauer, Google User
★★★★★
The entire team from the intake Samantha to the lawyer himself (Ron Miller) has been really approachable. Suzette Allen, Google User
★★★★★
The case settled and I got a lot more money than I expected. Ron even fought to reduce how much I owed in medical bills so I could get an even larger settlement. Nchedo Idahosa
★★★★★