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DEFENDANT’S Negligent Supervision – Alleged negligent home health care – Claimed negligent supervision of elderly plaintiff – Fall in private home – Leg fracture.

Palm Beach County, FL

This action was brought by the plaintiff estate against the defendant home health care company. The plaintiff alleged that the defendant’s employee negligently allowed the elderly decedent to fall. The defendant maintained that the home health aide met the required standard of care and was not responsible for the decedent’s fall.

The defendant’s aide was caring for the elderly decedent in the decedent’s Palm Beach home. The plaintiff alleged that the aide left the decedent alone in his bedroom for an unreasonably long period of time, resulting in the decedent attempting to get out of bed without assistance. The decedent fell and sustained a leg fracture. He did not require surgery and the leg fracture was treated with a soft cast and physical therapy.

The defendant argued that the aide was not required to remain with the decedent at all times and was not negligent in leaving him in bed alone. The defense argued that the fall was caused when the decedent decided to get out of bed without calling for assistance from the aide. The aide contended that he would have been able to hear the plaintiff, had he called out for assistance.The jury found no negligence on the part of the defendant which was a legal cause of injury to the plaintiff.

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