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Medical Malpractice – Nursing home Negligence – Alleged improper nutrition and hydration – Stage IV decubitus ulcer – Alleged negligent care and treatment by nursing home – Death action – Decedent transferred to nursing home after having surgery for hip fracture.

Bronx County, NY

The plaintiff contended that the defendant nursing home negligently cared for her 83-year old aunt in its program to prevent and/or manage bed sores, and that its actions constituted violations of the Public Health Law.

The plaintiff further opined that the defendant hospital – at which the decedent received treatment for a fractured hip before being transported to the nursing home – was negligent, and the case against the hospital settled prior to jury selection for $________.

The plaintiff maintained that the negligent care at the nursing home contributed to her death shortly after the admission ended on September 2, ________.

The plaintiff asserted that the nursing home failed to prevent the development of multiple pressure sores, including a Stage IV sacral ulcer, as well as properly manage and treat the pressure sores. In addition, the facility should have ordered pressure relieving devices.

The plaintiff further contended that the defendant nursing home negligently failed to have adequate consultations with surgeons, wound care specialists, and to order debridement procedures for the Stage IV sacral ulcer.

The plaintiff also maintained that proper hygiene, nutrition, and hydration were not provided, and that because of the improper care, sepsis and MRSA developed – taking the decedent’s life.

The defendant nursing home maintained that it provided all necessary care and treatment of the ulcer, including turning and positioning the patient. The defendant also contended that the ulcer was unavoidable since the decedent had co-morbidities, including malnutrition, in addition to the recent hip fracture.

The defendant nursing home further maintained that the ulcer started at the co-defendant’s facility after the surgery, but only surfaced while at the nursing home and there was nothing it could do to prevent it.The jury found for the defendant nursing home.

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