Paul W. McCartney Esq. a partner with Rendigs Fry Kiely & Dennis L.L.P. Cincinnati Ohio recently received a unanimous defense verdict in a nursing home case he defended.

Paul W. McCartney, Esq., a partner with Rendigs, Fry, Kiely & Dennis, L.L.P. (Cincinnati, Ohio), recently received a unanimous defense verdict in a nursing home case he defended.  The Plaintiff, a 72 year old female, was admitted to the nursing home for rehabilitation following two hospitalizations for acute respiratory failure secondary to her chronic underlying respiratory failure.

 

On admission, the nursing staff correctly assessed Plaintiff as a high fall risk and put in place an initial care plan with interventions to address her fall risk.  These interventions were having the call light in reach; encouraging Plaintiff to ask for assistance; and a PT/OT evaluation.  After nine days in the facility, Plaintiff fell and fractured her hip when attempting to dress herself.  Previously, Plaintiff had made no efforts at self-ambulation.  The call light log indicated that she had used the call light throughout her stay.

 

Plaintiff contended that the interventions put in place to for her fall risk were minimal and inadequate.  Plaintiff, however, never articulated what interventions should have been put in place and how these would have prevented Plaintiff’s fall.  Plaintiff claimed ongoing hip pain and disability as a result of her fall.  On behalf of the facility, McCartney contended the interventions were both appropriate and known to be effective.  Unfortunately, falls occur in nursing homes, even with appropriate interventions in place. 

 

The jury took only 90 minutes to return a unanimous defense verdict.  This case was pending in the Court of Common Pleas, Warren Co. (Lebanon), Ohio. 

 

 

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