2004John Doe v. Nursing Home (2004)
In January 28, 2003, the decedent, age 74, was admitted to defendant nursing home for rehab after a hip fracture suffered at home. The decedent suffered from dementia. Because of immobility and dementia, he was assessed as being at a high risk for the development of pressure sores. On February 21, 2003, a sacral pressure sore was first observed at a Stage II. By February 27, 2003, the wound had advanced to a Stage III. By March 7, the wound had advanced to a Stage IV and continued to advance in size until March 24, 2003 when he was discharged to the hospital. During the period January 28, 2003 through March 7, 2003, the decedent lost 36 pounds which is an excessive weight loss in only 38 days. A special air mattress was not provided until March 21, 2003, three days before his discharge to the hospital with infected sacral decubitus. The defendant facility did not seek a consultation by a wound care nurse until March 7, 2003. The decedent’s family effectively testified during mediation that he was not turned or repositioned and that they had to feed him as his tray was left in his room during the day by the CNAs, with no help provided for the decedent to take his meal. The decedent had a life expectancy of approximately 3 years because of his underlying Parkinson’s disease and dementia conditions. The parties settled the case at mediation, the amount of settlement being agreed upon as confidential.