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Nursing Home Loses $7.5 Million In Wrongful Death Lawsuit

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elderly resident reading a bookWhile there are many reasons why an individual may choose to become a nursing home resident, it’s a fact that these facilities exist to provide care to those who need help in their everyday lives. Often, residents depend on the staff to both notice and treat medical conditions that they themselves cannot. In many cases, the medical conditions that may arise can be deadly if not caught and treated quickly - and that’s exactly what happened to one elderly nursing home resident, leading his family to pursue legal action against the nursing home.

Nursing Home Sued For Wrongful Death

In October 2012, a 71-year-old man who had been living in a nursing home for twelve years began to display the textbook symptoms of a bowel obstruction, including a painful abdomen, constipation, and vomiting. The nurse working with him approached the assigned physicians assistant and requested that the patient be taken to the emergency room for evaluation. The PA instead told her no and ordered several medical tests.

By the next day, the patient’s condition was much worse and he was in extraordinary pain, yet no one had taken him to the hospital. Despite being seen by several nurses, it wasn’t until later in the day when the PA once again reviewed the case that he was rushed to the ER.

He died twelve hours later from acute respiratory distress syndrome (ARDS) that was caused by the inhalation of fecal matter, caused by his bowel obstruction.

In 2014, his son chose to file a wrongful death lawsuit on his father’s behalf, claiming that the nursing home failed to provide their resident with the proper care and he died as a result.

After reviewing the case, a jury awarded the plaintiff with 7.5 million dollars.

Elder Neglect Lawsuits: The Facts

No one wants to believe that their loved one, who is supposed to be receiving top care, is being left neglected and suffering. Yet across New York, this is exactly what happens on a daily basis.

Nursing homes, which are notoriously understaffed, frequently don’t have the staff needed to provide excellent care to all patients. If your loved one is in a nursing home, it’s important to learn the common signs of neglect, including:elderly woman in a nursing home

When neglect occurs, patients and their loved ones have the right to file a lawsuit against those responsible - including hospitals, nurses, and other staff.

Nursing home lawsuits can provide the plaintiffs with compensation for:

If the patient dies because of the neglect, their loved ones may also be able to recover:

How Much Is A Nursing Home Neglect Lawsuit Worth?

There is no way to 100% accurately predict how much a lawsuit may be worth, however, these legal complaints are designed to provide plaintiffs with full compensation for every loss they have sustained due to neglect.

Should I Accept A Settlement Or Go To Court?

There are two ways to obtain compensation - either through a settlement or by obtaining an award in court. While the majority of nursing home lawsuits end with a settlement, sometimes an offer to settle simply isn’t enough or no offer is made.

The bottom line is that each plaintiff needs to do what they think is best, however, you can be sure that our lawyers will review any offers that are made and will provide you with the pros and cons of accepting or rejecting that offer. If you decide to move forward and take the case to court, our experienced attorneys will fight aggressively to win your case.


Laurence P. Banville
Date Published: October 2, 2018
Laurence P. Banville is the managing partner of Banville Law. As an experienced personal injury attorney, Mr. Banville helps clients recover compensation from those responsible for his clients' injuries. Our firm is located in New York City, serving clients from the five boroughs: Manhattan, Brooklyn, Queens, The Bronx, and Staten Island.
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