CNA takes Aging Services case to defense verdict in Palm Beach County FL

 CNA takes Aging Services case to defense verdict in Palm Beach County FL
 
The Honorable David Crow presided over the trial of this claim which involved an 80+ year old resident who sustained a fall with fracture and a local burn from food during her residency.  At trial, plaintiffs alleged the insured could have prevented the falls and the resident should not be given hot liquids. 
 
Defense experts defended the care by establishing residents are allowed and encouraged to ambulate, food safety requires appropriate temperatures and residents are entitled to palatable food as part of their resident’s rights. 
 
At trial, plaintiffs focused on the emotional aspects instead of what the jury is instructed to consider under the law.  Defense counsel, Raul Romaguera emphasized that all falls cannot be prevented and there was no violation in the standard of care or the resident’s rights.  He also stressed that both the plaintiff and her husband continue to reside in the insured facility to this day.  The jury deliberated for 2 hours including lunch before finding for the defense.

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