This nursing home negligence claim was filed in Baltimore City after a woman was not provided with the appropriate safety precautions and suffered a fall. It was filed in Health Claims Arbitration on February 6, 2018, and it is the 63rd medical malpractice case filed in Maryland this year.Summary of Plaintiff's Allegations
A woman was admitted to the Futurecare Courtland nursing home after falling in her home. Despite her history of falling and her consequent high fall risk, the woman was not properly supervised. On the sixth day after her admission, the woman fell, fracturing her left femur. Nearly three years passed between the woman's fall and the filing of her claim. Throughout that time, the woman has been bedridden and suffering from persistent pain.Additional Comments
This is the eleventh nursing home negligence claim filed in Maryland thus far in 2018, and the sixth claim involving an unsupervised fall. Nursing home falls are both common and deadly, with a one-year mortality rate of 22%.
Ultimately, the standard of care requires that fall protocols are in place, known to the staff, and are properly followed. It further requires the nursing home to have a proper procedure to identify those at risk for falls, for identifying the cause of resident falls, to identify trends in residents falls, and to have a procedure to implement services to prevent those residents who are at risk of falls from sustaining injuries from falls. Sometimes, a nursing home has great procedures and the staff never knew about the protocols until they are being prepared for deposition. This is why a good nursing home lawyers asked the staff about the procedures and when they learned of the procedures.
Nursing homes rarely let any nursing home neglect or negligence cases go to trial. The defense lawyer's argument in these cases is always the same. The average nursing home patient falls 2.6 times per year, according to the Center for Disease Control and Prevention. Some studies suggest as much as 25% of these falls result in fractures or hospital admissions. So the defense is that even with the best care, we cannot stop every fall. This is true. But the issue in every nursing home fall case is that whether the nursing home did what it reasonably could to prevent the fall. Often the answer is obvious. But sometimes our lawyers need experts to determine whether the steps prescribed in an individualized fall plan were adequate to protect the resident
Nursing home defense lawyers also try to defend these cases like were defending a 7-11. People live 24/7 in these homes. There is a higher obligation to provide residents with adequate care.
Sometimes you can tell the difference between a good nursing home and a bad nursing home based on what happens after the fall. After a resident suffers a fall, a good nursing home does exactly what one would expect a good facility to do. The nursing home thoroughly investigates the circumstances surrounding the fall. For example, the staff should investigate what shift the fall occurred on, where the fall occurred, what the resident was doing at the time of the fall, whether protective devices were in place and working properly when the fall occurred, and who, if anyone, was monitoring the resident when the fall occurred. A bad nursing home often writes a terse report and just turns the page.
- Baltimore City
- Courtland, LLC t/a Futurecare Courtland
- Failing to use proper safety devices.
- Failing to implement and observe appropriate fall precautions.
- Failing to properly treat the claimant as a patient who would likely fall.
- Failing to provide appropriate supervision.
- Failing to establish a fall reduction program.
- Failing to timely and adequately treat the claimant's femur fracture in such a manner that would prevent pain and disfigurement.
- Failing to timely consult with and/or transfer the claimant to the care of a competent health care provider.
As a direct result of the defendant's negligence, the claimant suffered serious, painful, and permanent injuries to her body and incurred extensive financial losses.
Have you suffered a hospital injury due to the negligence of a doctor? Miller & Zois can help you. Call us at 800-553-8082 and speak to one of our medical malpractice attorneys who can help you or get an online case review.More Malpractice Claim Information
View sample verdicts and settlements from Baltimore City.
Learn more about nursing home fall lawsuits and get a list of a dozen or so other nursing home fall suits filed in Maryland (with analysis just like we did on this case)