Wrongful Death of Nursing Home Patient

An 87 year old man was admitted to a nursing home. It was noted on his chart that he had a propensity to wander and fall. Over several months time, he often did wander into other residents' rooms. On one occasion, he fell and broke four ribs.

Two days later, he was brought to a hospital where he died shortly after as a result of complications of the fractures.

His wife sued the nursing home on behalf of his estate, alleging that it had failed to properly supervise her husband to prevent him from falling. It was charged that federal regulations were violated and the nursing homes own procedures were ignored. And, it was asserted that the man should have been brought to the hospital sooner.

The plaintiff claimed that the nursing home's medical director should have better monitored this patient, other patients, and their employees.

The defendant argued that 24-hour monitoring was not feasible to prevent patients from falling.

The parties settled before trial for $375,000.