Medical Malpractice: Verdicts, Settlements, and Experts

On October 6, 2014, Decedent was an 82-year-old female who slipped over a rug in her home causing her to fall and land on her left wrist. Decedent was taken to the hospital and treated for her facture; during her hospital course, Decedent was diagnosed with a urinary tract infection and started on antibiotic therapy. On October 10, 2014, Decedent was admitted to undisclosed nursing home for physical therapy and assisted living.

On October 13, 2014, Decedent began experiencing diarrhea. For several weeks, Decedent was examined daily by RNs and CNAs who never notified a physician of Decedents severe diarrhea. On November 3, 2014, a PA ordered a CBC test along with stool to be tested for C.difficile. Decedent presented to the hospital with a fever, sepsis, severe diarrhea, and C.difficile. Decedent was diagnosed with toxic megacolon and taken into surgery to remove her colon. Despite intensive and extensive medical care, Decedent died on November 19, 2014 as a result of the nursing home’s failure to diagnose and treat her C.difficile infection. This case settled at mediation after Defendants invoked the arbitration clause in the Decedent’s admission contract.