A local family of sisters came to our law firm concerned that their elderly father had been admitted to a local nursing home and less than 24 hours later, he had suffered a fall and a fractured hip. Unfortunately for the family, their father passed in a number of days. Kopfler & Hermann undertook representation and recommended a complaint survey with Louisiana Department of Hospitals. From a review of the nursing home records, there was an indication that the father was a definite fall risk and the nursing home failed to follow their own precautions from the admission assessment. The elderly gentleman was not used to being in a strange environment and his roommate was creating noise and such that sleep was nearly impossible.
He wandered out of his room without any assistance and was observed by the CNA and the LPN in charge of the wing. We were able to obtain video footage and the video footage revealed that the elderly patient had approached the LPN in the hallway. The video reveals the LPN ignored him because she was busy checking her emails. Within minutes, the elderly patient fell and suffered a broken hip.
A conference was held with the physician who had treated and recommended the elderly man’s nursing home admission. The physician was very surprised that the death had taken place so soon. The treating physician confirmed that a significant portion of the population of elderly individuals who suffer a fractured hip will die thereafter.
A claim was brought pursuant to the Louisiana Medical Malpractice Act. The Nursing Home and the Patients Compensation Fund, which is involved in medical malpractice litigation, came to terms and a successful settlement obtained where the children of the deceased individual were adequately compensated. In a nursing home setting, the nursing home must adhere to rules and regulations set down by Medicare and must develop a care plan. The nursing home failed to follow its own care plan to provide assistance to a resident who had difficulties ambulating on his own.
