2.3 Million Dollar Settlement for Nursing Home Abuse Victim
CaseEstate of Jane Doe v. XYZ Nursing Home, in Miami
CourtMiami-Dade County Circuit Court
AttorneysDavid W. Lipcon and Mitchell J Lipcon, of Lipcon & Lipcon P.A.
87 year-old nursing home resident developed severe and infected bed sores as a result of facility’s neglect. Both legs became gangrenous and necrotic. Ultimately both legs had to be amputated.
Due to confidentiality agreement, names of Plaintiff and defendants cannot be disclosed.
Plaintiff was a full time resident of the defendant nursing home,totally dependent on its nursing care. Plaintiff complained to her nurses that for at least three days her legs were going numb and sore. She was ignored. She was not bathed or changed during that time. When Plaintiff’s family was allowed to see her, they discovered multiple large bed-sores. Her legs showed the beginning signs of gangrene. She was rushed to the hospital where it was necessary to amputate both legs below the knees. during discovery it was revealed that the nurses failed to follow their own care protocol by not turning and repositioning plaintiff every 2 hours. It was also revealed that Plaintiff was not given the proper nutrition and was unable to feed herself. Plaintiff was a Medicare patient.
During the discovery stages, her lawyers were successful in arguing to the court that they should be allowed to present a claim for punitive damages to the jury. The case settled after that ruling,and prior to trial.
ResultA pretrial settlement for $2,300,000.00 was reached