Research

THIS QUARTER'S TOPIC DEALS WITH NURSING HOME LITIGATION

RECENT CASES OF SIGNIFICANCE: Jackson v. York Hannover Nursing Center, 876 So.2d 8 (Fla. 5th DCA),
May 7, 2004. The court allowed damages to be apportioned between a nursing home and a hospital (under a joint tort feasor theory), despite the fact the hospital was a non-party defendant.

Mariner Health Care of Metrowest, Inc. v. Best, 879 So2d 65 (Fla 5th DCA), July 30, 2004. In camera inspection of nursing home operator’s grievance logs was appropriate to determine discoverability. They were not necessarily considered “work product”.

LEGISLATIVE UPDATE: The legislature begins its session in late November/early December. It is expected a bill may be introduced regarding nursing home litigation directed at issues involving caps on awards and attorney’s fees. However, there is currently no special session set to address these issues. We will know more and will update you by March, 2005.

HELPFUL TIPS: This months subject – What to look for in determining whether your client has a valid Nursing Home case.

1. If the prospective client complains of issues involving bed sores (a/k/a decubitus ulcers), find out if the individual has a history of peripheral vascular disease (PVD), diabetes, or other circulatory conditions. If these conditions are present, they may become solid defense themes. This is especially true with ulcers on the lower extremities. Check to see if “doppler studies” were performed.

2. If the patient has sustained numerous falls with injuries, make sure you obtain the “fall risk assessment” to determine the nursing home’s degree of notice. A resident with little or no history of falls will give the Plaintiff’s lawyer difficult time with the restraints vs. “freedom to thrive” defense issues.

3. If the resident has developed a MRSA infection, make sure you can tie the infection to something other than a urinary tract infection. For example: a wound, skin tear, surgical site, or ulcer.

THE SEBRING REPORT CARD:

Synopsis of Case Settlement/Verdict Referral Fee

     Patient sustains 2        $600,000.00      $60,000.00
     fractured hips from
     multiple falls

     Patient dies from          $375,000.00      $37,500.00
     systemic infection,
     questionable etiology

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