Sometimes a loved one or family member reaches a point where they can no longer receive sufficient care at home. While it is often a difficult decision, arranging for a loved one to enter into a managed care facility or nursing home is often most loving choice we can make. We trust the facility and staffers will better care of our family member than we could at home.
In Mattox v. Life Care Centers of America, an elderly woman was receiving care from a nursing home owned by defendant. She was 86-years-old. During her stay, she suffered a fall and fractured her femur. She was taken to the emergency room, where doctors gave her pain medication. She then suffered nausea, vomiting and aspiration. She was not stable enough to have surgery to repair her broken leg, was placed in “comfort care,” and died just after midnight.
Plaintiff’s son filed a wrongful death lawsuit against defendant, alleging they were aware she had a history of falling and did not take proper care to prevent her from falling and breaking her leg. Defendant filed for summary judgment on grounds plaintiff failed to name an expert who would testify that defendant didn’t adhere to the required standard of care with respect to plaintiff’s death, and further had not introduced any evidence to prove the fall was the proximate cause of plaintiff’s death.
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