MEDICAL MALPRACTICE. Nursing Home. $______ RECOVERY

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Verdicts By Category
MEDICAL MALPRACTICE
Home Healthcare
$175,000 RECOVERY
Medical malpractice – Home healthcare
negligence – Home healthcare worker fails to
show up for scheduled shift leaving plaintiff’s
decedent unattended resulting in fall which
causes decline in health and death.
Allegheny County, PA
In this action, the estate of the decedent sued the
defendants for negligence maintaining that an
employee of the defendants failed to show up for
a scheduled shift and while the decedent was
unattended she suffered a fall that resulted in
injuries that caused her health to decline leading
to death. The defendants generally denied all
allegations against them.
Prior to January 2021, the plaintiff’s decedent was ad-
mitted to receive home healthcare services from the
defendants. Upon intake, the decedent was docu-
mented as being high risk for falls and as suffering
from dementia. The plaintiff’s decedent required 24-
hour-care.
On or about January 11, 2021, while under the care
of the defendants, the decedent sustained an unwit-
nessed fall after being left unattended by the defen-
dants. On January 11, 2021, the aide for the
defendant Carebuilders at Home, Inc., failed to show
up for a scheduled shift, and failed to advise the
plaintiff’s decedent or her family of the absence.
Later that day, the plaintiff’s decedent was admitted
to Allegheny General Hospital and diagnosed with a
fractured right femur which required surgery. The injury
and surgery caused a decline in the decedent’s
condition, and she died on January 29, 2021.
The estate of the decedent maintained that defen-
dants failed to sufficiently monitor the plaintiff’s dece-
dent for fall prevention, failed to formulate and
implement appropriate fall prevention measures,
failed to properly consider the decedent’s medical
condition when devising fall prevention interventions,
failed to show up for a scheduled shift and failed to
notify the decedent or family of the absence leaving
the decedent unattended. The decedent is survived
by 3 adult children.
The parties settled their dispute for $175,000.
REFERENCE
Estate of Carolyn McClung by Patricia McClung vs.
Christian Home Healthcare Corp and Carebuilders at
Home. Case no. GD-21-007725; Judge John T.
McVay, 09-26-22.
Attorney for plaintiff: Anthoy Giannetti of Swartz
Culleton, PC in Pittsburgh, PA. Attorney for
defendant: Jerry Eisenberg of Law Office of Jerry S.
Eisenberg in Pittsburgh, PA.
Nursing Home
$120,000 RECOVERY
Medical malpractice – Nursing home – Plaintiff’s
decedent suffered hip fracture when bed at
defendant facility lowered by staff and she struck
her left hip on bed rail – Hip fracture – Infection –
Wrongful death.
Montgomery County, PA
In this medical malpractice action, the estate of
the decedent maintained that the defendant long-
term care facility caused the decedent to sustain a
hipfracturewhenherbedwasbeingimproperly
lowered. The defendant generally denied all
allegations of negligence and injury.
On October 13, 2015, the plaintiff’s decedent was
admitted to the defendant’s residential nursing facility
for rehabilitation and management of chronic ill-
nesses including lung cancer which was in remission,
COPD, chronic respiratory failure, pneumonia, mus-
cular dystrophy and incontinence. On December 18,
2015, while the decedent’s bed was being lowered,
the bed struck a trash can which caused the dece-
dent’s body to fall to her left side and violently strike
her left side against the side rail of her bed sustaining
a left hip fracture. She required left hip surgery and
developed post-surgical complications with infection.
She died on March 16, 2016, as a result of sepsis. The
estate maintained that the defendant was negligent
in failing to safely lower the decedent’s bed, failing to
institute appropriate safety measures, precautions or
interventions for the decedent to prevent her from
falling while in her bed, failing to properly assess the
safety of the decedent and failing to properly protect
the decedent from falls including while in her bed.
The decedent is survived by 3 adult children.
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