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$________ CONFIDENTIAL Medical Malpractice – Nursing Home Negligence – Negligent supervision – Failure to report accidents and/or falls in a timely manner – Patient suffers femur fracture that requires open reduction internal fixation surgery while being moved to her bed.

Withheld County, MA

In this negligence action, the plaintiff alleged that the defendant facility was negligent and caused the plaintiff’s injury while moving her to her bed via Hoyer lift. The plaintiff suffered a femur fracture that required surgical repair. The defendant denied the allegations and disputed that there was any negligence in their care of the patient.

The 88-year-old female patient, a resident at the defendant facility, was being moved via Hoyer lift to her bed when she began to complain of right hip and knee pain. The patient is non-verbal and suffers from Alzheimer’s and bipolar affective disorder as well as other medical issues. There was no record of any trauma in her chart; however, she was transferred to the hospital where she was diagnosed with a right displaced intertrochanteric fracture with fragmentation and a massive hematoma. She required open reduction internal fixation surgery to repair the fracture.

The plaintiff brought suit against the defendant facility alleging that it was negligent in the handling and transfer of the patient and caused the fracture. The plaintiff also alleged that the defendant was known for failing to timely report any accidents or incidents regarding its residents.

The defendant denied the allegations. The defendant contended that there was no evidence of a fall or other trauma and definitely no evidence of any negligence on the part of the staff that was caring for the patient. The defendant argued that the patient’s fracture could have resulted from bone deficiency or bone density issues.The parties mediated the plaintiff’s claim and resolved it for $________ on the eve of trial.

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