Scott v. Manor Care of WPB & HCRIII
Case: Scott v. Manor Care of WPB & HCR III
Venue: Palm Beach County
Sherry Schwartz and Christina C. Backus of CSK’s West Palm Beach office obtained an arbitration directed verdict in this case. Plaintiff was admitted to our clients’ nursing home following a catastrophic motor vehicle accident where she sustained three separate fractures to her hip and femur. Plaintiff was taken to St. Mary’s Medical Center where she underwent a complicated Open Reduction Internal Fixation Surgery with the hope it would last long enough to heal the fractures such that a second surgery (total hip replacement) could be performed. Plaintiff was then transferred to Defendants’ nursing home for rehabilitation. Within two days of her admission, Plaintiff alleged she was manhandled by a nursing assistant during a bed linen change, causing severe pain and the alleged displacement of surgical hardware. Plaintiff claimed this incident forced her to need a total left hip replacement. Defendants’ were able to show, through Plaintiff’s own expert orthopedic surgeon, that the hip replacement was needed anyway. The three-judge panel granted Defendant’s Motion for Directed Verdict on the basis of lack of causation.