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Abuse and Neglect Cause Broken Femur

$ 3500000

Settlement

Our clienta 69-year-old woman, was a resident of the subject nursing home for four years. A total care resident, she required the assistance of two people for all care. She suffered a broken femur after being rolled out of her bed by a CNA attempting to care for her alone, as the facility was understaffed. She was placed back in bed by the CNA, where she remained in pain for the next three days before finally being transferred to the hospital for assessment. After non-surgical treatment, she was transferred to another nursing home, where she lived another 18 months before passing away. Plaintiff alleged that her injury was the result of a system-wide failure to implement appropriate measures to protect this resident, and others, from neglect and abuse. Plaintiff furthermore alleged that there were systematic and ongoing administrative and managerial corporate failures that led to a culture of abuse and neglect at the facility, leaving the facility understaffed, improperly managed, and unable to meet the needs of its residents.  The case was litigated and defended by insurance defense counsel, and the settlement was fully collectible.

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