Case Result

Confidential Settlement – Nursing Home Wrongful Death

Virginia Circuit Court (2010)
Elderly nursing home resident died as a result of a fall sustained at the nursing home. A resident at the nursing home for 33 years, resident suffered from mental retardation. Resident had fallen numerous times while at the facility, and was assessed as a high risk for falls. Two of the primary goals of the nursing home’s care plan for the decedent was to keep the resident free from falls and to maintain a safe environment for resident. The fall that caused his death occurred when the resident fell out of his bed onto the floor and struck his head. A nursing assistant had left the bedrail down and had turned away to go to the closet. After the fall, the nursing staff failed to notify the doctor, failed to have him evaluated at the emergency room, and failed to complete required neurological assessments after the fall. The resident died two days later from an undiagnosed subdural hematoma caused by the fall.