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$________ Medical Malpractice – Nursing Home Negligence – Failure to prevent falls – Hip fracture with surgery – Failure to prevent decubitus ulcers – Wrongful death at age 77 – Defendant in default.

Broward County, FL

This action was brought under Florida’s Nursing Home Residents’ Rights Act against the defendant assisted living facility. The plaintiff claimed that negligent care on the part of the defendant resulted in a downward spiral in the decedent’s health which led to her death at age 77. The defendant was in default at the time of trial for failure to answer the complaint and other reasons. Accordingly, the case was heard as an assessment of damages only.

The decedent suffered from early onset of Parkinson’s disease and resided, on and off, in the decedent’s facility for approximately four and a-half months. The plaintiff alleged that, during the decedent’s residency, the defendant failed to implement appropriate fall protection. The decedent fell and sustained a dislocation of the hip which required multiple surgeries.

In addition, the plaintiff contended that the defendant allowed the decedent to develop decubitus ulcers which could have been prevented. The plaintiff alleged that the defendant’s substandard medical care resulted in a downward spiral of the decedent’s health, culminating in her death.The jury awarded the plaintiff $________ in damages.

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