Case details

Nursing home’s failure to turn mother resulted in death: daughter

SUMMARY

$1333750.73

Amount

Arbitration

Result type

Not present

Ruling
KEYWORDS
bedsore, death, decubitus ulcer, loss of society epidermis, pressure sore, sepsis
FACTS
On July 4, 2012, plaintiff’s decedent, Patricia Porter, 76, was transferred from Methodist Hospital of Southern California, in Arcadia, to Country Villa Huntington Drive Healthcare Center, also in Arcadia, so that she could receive continued antibiotic treatment for her diabetic left foot ulcer. She was admitted with no skin breakdown, but was assessed as being a high risk for the condition. As a result, a care plan was developed that required the nursing staff to keep Porter clean and dry, showered at least two times a week, and turned and repositioned at least every two hours. Porter ultimately developed a Stage 4 pressure ulcer on her coccyx and both heels. She subsequently died. Porter’s daughter, Linda Solis, acting individually and on behalf of her mother’s estate, sued the nursing home, Country Villa Huntington Healthcare Center; a licensee of the nursing home, AG Arcadia, LLC; the owner of the nursing home, AG Facilities Operations, LLC; and a management company for the nursing home, Country Villa Services Corp. The matter proceeded to a binding arbitration. Plaintiffs’ counsel contended that Porter was not turned every two hours, even after the family complained to the director of nursing. Counsel also contended that defendant’s nursing staff failed to chart when the turning was done, despite the requirements of their own policies and procedures, which state that the nursing assistant document the date, time, and position change. Defense counsel argued that the pressure sore was unavoidable. In response, plaintiff’s counsel contended that a sore only becomes unavoidable if proper care, including regular turning and good personal hygiene, is given and despite that, the sore develops. However, counsel asserted that in this case, Porter was not regularly turned or given good personal hygiene care., Porter developed a Stage 4 pressure ulcer on her coccyx and both heels. She ultimately developed sepsis from the pressure sore on her coccyx and died within four months of her discharge from Country Villa Huntington Drive Healthcare Center, on Nov. 26, 2012. Porter was 76 years old. She was survived by her daughter, Linda Solis. Solis sought recovery of $83,750.73 for her mother’s past medical costs and an unspecified amount of damages for her mother’s conscious pain and suffering. She also sought recovery of wrongful death damages for the loss of her mother’s society.
COURT
Judicate West, CA

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