Wrongful Death Lawsuit Settlement for Michigan Nursing Home Death Case

Our nursing home lawyers in Michigan settled a wrongful death lawsuit against a Michigan skilled nursing facility.  The case was filed after an eighty-one year old nursing home resident died from a fall in a transportation van.  The resident was being transported by a CNA from the nursing home to an off-site medical appointment when the incident happened.

 The nursing home resident was placed in the transportation van, but fell out of her wheelchair during the ride and struck her head.  The fall also caused her to fracture her hip and the hip fracture required surgery.  Due to complications during the surgery, the resident died.

 The Michigan nursing home lawsuit alleged that the CNA responsible for securing the resident in the van was not properly trained failed to properly secure the resident or her wheelchair in the van.  The lawsuit also alleged that the nursing home management and administrative staff failed to properly train the CNA on the proper methods of securing patients and their wheelchairs, like the decedent, in transportation vans.  A Michigan Wrongful Death Lawsuit was filed on behalf of the children of the decedent.  The parties agreed to a confidential settlement prior to trial. (more…)

Family Won Wrongful Death Lawsuit Against Assisted Living Facility |MI Wrong Death Nursing Home Lawyers

Recently, a Sacramento Superior Court jury came back with a $23 million punitive damage award against Emeritus, which the jury three days earlier had already found guilty of malice, oppression and fraud in the death of Joan Boice. While Emeritus is seeking to appeal the verdict, the family of Boice believes compensation for their loss was rightfully won.

Joan Boice arrived at Emeritus at Emerald Hills in Auburn in September 2008, already suffering from Alzheimer’s disease.  By the time she left in December, she had developed bedsores. She died three months after moving out, with the sores listed as a significant condition leading to her death.

In a two-month trial, plaintiffs put on evidence that the Emerald Hills resident nurse told a caregiver at Emerald Hills who first found the sores to “just don’t let anybody know,” because the disclosure would have resulted in Mrs. Boice’s removal from the facility.

Along with understaffing and a lack of training, Emeritus’ retention policies designed to keep “heads in the beds” resulted from a corporate drive for profits that put the bottom line above residents’ care, according to the plaintiffs.

Our Michigan medical malpractice lawyers handle cases involving the wrongful deaths of patients for family members who have lost a loved one in a medical malpractice.  These lawsuits are filed against the hospital facility doctors, nurses, or surgeons whose negligence in their care of the patient caused a premature and untimely death.  (more…)

Wandering Patient Dies Outside Of Nursing Home | Michigan Wrongful Death Attorneys

Genevieve Klimczak, a 91 year-old Alzheimer’s patient, did not receive the proper care she deserved, and froze to death outside the doors of the nursing facility where she resided. Her nephew, Donald Lorenz, states she was an Alzheimer’s patient. She resided at McHenry Villa retirement community, also known as the Fox River Retirement Center. Last February, Klimczak went out an exit door near her room and was unable to get back into the building. The charges allege that Klimczak was able to wander without supervision, leave her room and exit out of a one-way, self-locking door.

The most disturbing part is that she was not discovered for more than 12 hours. Klimzak was found still outside the building and frozen to death on the sidewalk. It was reported to be as cold as seven degrees that night. The wrongful death lawsuit brought on Klimczak’s behalf asserts that the facility did not have an alarm or security cameras and did not follow through with its promise to maintain 24-hour security for its residents.

Specifically, the complaint alleged that the defendant knew that Klimczak suffered from Alzheimer’s disease and was unable to care for herself. Lorenz claimed that defendants failed to maintain a safe environment and that the facility was not properly managed, resulting in his aunt’s death.

Wandering occurs when a resident with dementia, Alzheimer’s, or other psychiatric diagnosis encounters a dangerous situation while moving around the nursing home facility unsupervised. A recent study states that 6 in 10 people with dementia will wander.  A person with dementia may not remember his or her name, or address, and can become confused, even in familiar places. This is why it is very unsafe for dementia residents to wander. (more…)

Michigan Wrongful Death Attorneys Discuss Bed Sores & Proper Patient Care | Nursing Home Neglect

Recently in Santa Fe, New Mexico, a wrongful death lawsuit was brought against a nursing home after an elderly Parkinson’s disease sufferer died from untreated bed sores.

In the Santa Fe case, as in other nursing home facilities, the nursing home was grossly understaffed, with only two staff members to care for thirty residents.  The nursing home staff ignored hospital recommendations that the sores be treated carefully; instead, prior to her death, the elderly women was found by family members, lying in a bed full of feces and urine.  She later died of a bacterial infection.

The decision to move a family member to a Michigan nursing home is a tough one.  It is a move usually made because people believe that their loved one will receive a better, more consistent standard of care from professionals than what the family is able to provide at home.  When nursing home neglect results in serious injuries or even death of their resident, it is so much more than a legal issue.  It is a heartbreaking breach of the trust that a patient’s family has chosen to place in that facility.

Our Michigan nursing home neglect attorneys frequently assist victims of nursing home neglect with pursuing lawsuit for nursing homes neglect. These lawsuits are brought against the nursing home because they let a resident sustain a bed sore or pressure sore while in their care.  While many residents are at risk for bed sores and pressures ulcers, these are completely preventable with proper care, treatment, and monitoring.  When bed sores or pressure ulcers do occur, the resident can file a lawsuit against the nursing home.

Bed sores, or pressure sores, are sores caused by prolonged pressure on an area of the body. These sores commonly develop among the sick, elderly, disabled, and others who have difficultly moving themselves. The pressure from prolonged amount of time sitting or lying in the same position begins to cut off the supply of blood to an area of the body. The sores start as red irritations (stage 1), but can develop into blisters or ulcers (stage 2) and will eventually form a crater (stage 3) which indicates damage to the tissue below the skin. (more…)

Nursing Care Facility Cited for Neglect After Resident Fall Results in Death

A nursing home resident had a history of trying to get out of bed of her own. Her mental and physical vulnerabilities made this a fall risk, and so caregivers were well aware of their need to act carefully to prevent her from falling and injuring herself. However, regardless of this, at some point the senior fell and hurt herself.

It was only later that staff members noticed that she had head injuries which were suggestive of some type of fall. She had a large bump on one side of her head and a smaller bump on the other side. A day after they were first noticed the resident complained about pain in her face. At that time staff members also noticed bruising around her neck. The following morning, the woman was not responsive to staff members.

The main issue was that it was only well after all of this was noticed by staff members that an actual registered nurse was informed of the situation. At that time the senior was sent to the hospital. The resident remained in the hospital for more than a week before she passed away from her injuries. The official death certificate lists the nursing home fall as the cause of her passing.

The number of falls for elderly people in Michigan is significant and the injuries from those accidents are often severe. The statistics were tailored by the Michigan Health and Hospital Association and the Michigan Department of Community Health.

  • Between 1990 and 2002, the death rate due to elderly falls nearly doubled from 17.9 to 32.5 per 100,000 population.
  • An average of 345 older Michigan residents died each year from a fall between 1999 and 2002. Given increasing fall death rates and a Michigan senior population that is growing, there may be a substantial increase in the number of these deaths in the absence of prevention.
  • The rate of fatal falls increased dramatically with age. The death rate approximately doubled from one five-year age group to the next.
  • Rates were 25% greater for men compared to woman; whites had twice the rate of Blacks. (more…)
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