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$________ Alleged failure to provide adequate supervision to nursing home resident – 78-year old plaintiff slips and falls on snow on deck as she is having cigarette – Failure to take x-rays and diagnose leg fractures for several days

Essex County, NJ

The plaintiff, a 78-year-old plaintiff nursing home resident, who had been admitted with dementia and assessed at being at high risk for falls, contended that the defendant was negligent and violated the Nursing Home Statute by failing to provide adequate supervision of the resident, and by failing to provide timely medical care. The plaintiff pointed out that a finding of a violation of the statute would give rise to an award for attorney fees, and also supported that the defendant negligently failed to have the deck adequately cleared after a snow storm. The plaintiff contended that as she was on the deck having a cigarette, she slipped and fell on ice. The defendant maintained that the deck was properly cleared and further contended that appropriate supervision was provided, and that an employee, and the plaintiff, were on the deck together.

The fall occurred on December 5, and the plaintiff contended that the defendant failed to take an x-ray until December 8. The x-rays showed a fracture of the tibia and fibula, and the plaintiff underwent an open reduction and internal fixation. The plaintiff developed an infection that was treated medically and lengthened her hospitalization. The plaintiff contended that she will suffer permanent pain and limitations, and that the result is worse than it would have been if the fracture had been detected in a timely manner.The case settled after the completion of discovery for $________.

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