Key Takeaways

  • Failure to Reassess Care Needs: The assisted living facility failed to re-evaluate a memory care resident whose fall risk continually increased over a six-month period.

  • Ignored Warning Signs: Despite 15 documented falls and 8 hospitalizations for severe injuries (including facial lacerations and a closed head injury), the facility neglected to transfer the resident to a higher level of care to protect her.

  • Catastrophic Fatal Injury: Unsupervised falls on her final day at the facility led to a massive subdural hematoma and wrongful death, resulting in a swift settlement from the ALF.

Nursing Home Neglect

Our client was an elderly woman with dementia and multiple falls who resided in a memory care unit of an ALF. Over the course of a six (6) month period, the client fell 15 times and required hospitalization on eight (8) occasions for injuries including head trauma, neck pain, facial laceration, fractured nasal bones, chest wall bruising, closed head injury, subdural hematoma, and subarachnoid hemorrhage. Her fall risk continued to increase, and the ALF failed to assess her to determine whether she remained appropriate for continued ALF residence or whether she needed a higher level of care to protect her from falls. On her last day at the ALF, the client fell twice and sustained a massive subdural hematoma which caused her death several days later. After a short period of litigation, the ALF settled with the client’s family for her wrongful death.

About The Author

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Debbie Warner

Debbie Warner is a managing partner at Warner & Warner, specializing in complex personal injury, wrongful death, medical malpractice, and nursing home negligence/neglect cases. She is a top-rated trial lawyer known for ethical and aggressive representation and compassionate approach to clients. Debbie received her law degree from Florida State University College of Law in 1998 and has since obtained numerous verdicts and settlements of over a million dollars. Debbie is a member of the American Justice Association, Florida Justice Association, Central Florida Trial Lawyers Association, Orange County Bar Association, Seminole County Bar Association, and the Seminole County Inns of Court, and Seminole County Florida Association for Women Lawyers.

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