Broken Vertebrae Case from Nursing Home Fall Settles for $300,000
Our nursing home abuse attorneys recently resolved a nursing home fall case involving thoracic vertebrae fractures. Despite the nursing home’s defense that the fall was preventable, and that the thoracic vertebrae fractures were inoperable, our law firm successfully overcame these issues and successfully resolved the matter in favor of the victim’s family.
Jennifer C’s Nursing Home Fractured Vertebrae Lawsuit Facts
Why Jennifer Entered the Nursing Home
Jennifer C. had a spouse of 40 years and 3 adult children. When her spouse passed, Jennifer C. lived alone without medical supervision. As time progressed, Jennifer C. became dependent on a walker to get around her home. Jennifer C. struggled to cook her own meals and feed herself. Jennifer C. suffered minor falls while attempting to do laundry. Eventually, she had difficulties with getting out of her bathtub alone. Jennifer C. became reliant on EMS services. She shared her frequent EMS calls to her primary care doctor and was referred to a nursing facility. Jennifer C.’s insurance offered full coverage for long-term care at a nearby skilled nursing facility. The administration at the assisted living facility promised to support her personal care needs.
Jennifer C. was allowed to bring her personal belongings with her, for comfort in the new environment. Jennifer C. shared the room with another resident. Her roommate was friendly, and the staff greeted Jennifer C. kindly. Everything seemed great in her new living environment.
Lack of Responsiveness and Understaffing at the Facility
Several days into her stay, she noticed the care team had a delayed response to her call light. Her roommate confirmed 45 minutes as the average wait time for someone to answer a call light. Jennifer C. was shocked to hear this because administration promised responses within 5 minutes.
Jennifer C. also recognized that only one staff member on her care team was ever on the floor at a given time. This assisted living facility advertised a 1:7 staff to patient ratio but forced care teams to work 1:35 ratios daily. Jennifer C. was concerned with the level of supervision being provided, as the nursing home was understaffed.
Jennifer Begins to Fall in the Nursing Home
At first, Jennifer had uneventful and insignificant falls. She would lose her balance, feel unsteady on her feet, and gently lower herself to the ground. These initial falls did not result in any injury, however, they showed that Jennifer was increasing her fall risk and required more fall interventions. However, staff did not reassess Jennifer’s fall risk, even though she had multiple falls within a three month period.
The Fall That Broke Jennifer’s Back
While walking through the facility’s dining hall with her walker, Jennifer C. slipped on spilled water and fell onto her back. Jennifer C.’s fall caused her to yell in pain, startling neighboring residents. The other residents searched for a facility staff member for assistance but were unable to locate anyone. It took over 15 minutes to find facility staff that could provide aide to Jennifer C. Facility staff moved Jennifer C. from the floor to a wheelchair and wheeled her to her room. They reassured Jennifer C. that her severe pain would pass. The assisted living facility was understaffed, undertrained, and unable to properly triage a critical situation.
Delay in Treating the Thoracic Back Fracture
Two weeks went by with Jennifer C. complaining of unbearable body pain. Jennifer C. had not been yet seen by a doctor or given any medication for pain management. Staff was continuously dismissed her pain as discomfort. The C Family witnessed staff disregarding Jennifer C.’s pain and demanded to speak with administration. The C Family requested a doctor to evaluate Jennifer C. regarding her pain. The family was always given the runaround as to why the doctor could not visit the facility on this day.
Eventual Diagnosis of Vertebrae Fracture from Jennifer’s Fall
Eventually, at the C family’s request, the facility called for a non-emergency ambulance to transport Jennifer C. to a local hospital. The hospital evaluated Jennifer C. with various scans. A doctor diagnosed Jennifer C. with a thoracic vertebrae fracture. Jennifer C. was admitted to the hospital for surgical procedures to stabilize her spine. Unfortunately, the doctors at the hospital ultimately decided against doing a kyphoplasty or vertebroplasty, in light of Jennifer’s compromised health conditions.
She was discharged in a back brace without any vertebrae surgery.
The Wake of Jennifer’s Vertebral Fracture
Post hospitalization, Jennifer C. was immobilized due to her back brace. She suffered complications of memory loss. The administration at the nursing home facility did not want to take responsibility for Jennifer C.’s pain and suffering. The day Jennifer C. was to return to the facility, the administration refused to let her in. Jennifer C. was placed in a new facility with help from the C Family.
The C Family Decides to File a Thoracic Vertebrae Fracture Lawsuit Against the Nursing Home
In the case of Jennifer C., the nursing home’s understaffing was directly responsible for her injuries and extended suffering. Signs of understaffed facilities include delayed responses to call lights, difficulty getting updates on loved ones, and workers being extremely stressed. Staff are more likely to make mistakes with managing patients’ food intake, hygiene, and medication when inadequately staffed. Mistakes in managing patients lead to preventable injuries such as bedsores, infections, malnutrition, dehydration, and injuries from falls.
In the case of Jennifer C., the skilled nursing facility failed to supervise its residents and failed to report Jennifer C.’s injuries. Assisted living facilities and nursing homes are obligated to document and report incidents where a resident has fallen, been injured, or died in the facility’s care.
The C Family contacted the Senior Justice Law Firm for legal advice. They were not necessarily concerned with receiving monetary compensation; but they wanted their complaints heard. Senior Justice Law Firm provided legal representation to the C Familyand forced the nursing home to be held accountable for injuries Jennifer C. suffered in their care. Senior Justice Law Firm won Jennifer C.’s case against the at fault healthcare facility and secured a $300,000 settlement in favor of the C family. Now, the C family feels vindicated for the facility’s ignoring of Mom, and trusts that it will not happen again because of the hefty settlement sum.
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