2004John Doe v. Nursing Home (2004)
57 year old stroke victim admitted for rehabilitation and long term nursing care with inability to turn and reposition himself, but with no skin breakdown. Prior to admission decedent had been in several hospital facilities several months, but again with no skin breakdown. After admission to defendant nursing home facility he was assigned to a room at the end of the hallway, as far as one can get from the nursing station, and assigned direct givers CNAs that did not turn and reposition him on a regular basis. Decedent could not talk in order to voice complaints or verbalize his needs. Within three weeks decedent had formed Stave IV bed sore on his scrotum. Depositions of the CNA staff proved inadequate staffing to meet decedent’s needs to be turned and repositioned on a regular basis. Once the advanced bed sore was recognized by the staff, long delays occurred in providing sufficient and adequate treatment further contributing to the deterioration of his condition. Over 50 alternations in the nursing home chart were demonstrated using the services of a document expert. The decedent having life expectancy of approximately five years because of his underlying condition. The parties settled prior to trial for the maximum coverage available.