Patient Falls During Transfer, Suffers Fracture, Dies After Surgery; Facility Settles

A 92-year-old female patient was admitted to an assisted living facility on or about June 28, 2011. At all times relevant, the patient was a high fall risk, about which the assisted living staff were aware. The patient had chronic instability and a history of multiple falls at the assisted living facility. As such, the patient was totally dependent on assistance from the assisted living staff for transfers.

On June 7, 2014, the assisted living facility failed to provide the patient with the transfer assistance she required, and she was permitted by the assisted living staff to fall during a transfer. The patient was transported to the hospital, where she was diagnosed with a right comminuted supracondylar distal femur fracture. Although the patient was not a good surgical candidate, because the fracture was highly unstable, she required immediate surgery in the form of an open reduction and internal fixation.

The patient did not wake up following surgery but remained nonverbal and obtunded. As a result, on June 11, 2014, the patient was placed on comfort care. She died on June 16, 2014.

The family contacted us to pursue claims against the assisted living facility for failing to provide proper transfer support and care to prevent her from falling and suffering injuries, leading to her death. We were able to obtain a settlement award for the patient’s family.

Bob Square

Robert W. Carter, Jr. is a Virginia attorney whose law practice is dedicated to protecting the rights of the victims of nursing home and assisted living neglect and abuse in Richmond, Roanoke, Norfolk, Lynchburg, Danville, Charlottesville, and across Virginia.

PLEASE NOTE: THE RESULTS OBTAINED IN SPECIFIC CASES DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE.  PAST CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN FUTURE CASES. THE RESULTS DESCRIBED IN THIS WEBSITE ARE FROM VIRGINIA CASES HANDLED DIRECTLY BY OUR OFFICE. 

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Our law office has been serving Virginians since 1997 and is dedicated to protecting the rights of the victims of nursing home and assisted living neglect and abuse in Richmond, Roanoke, Lynchburg, Danville, Charlottesville, and across Virginia.

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