Lipcon & Lipcon Resolve Nursing Home Negligence Case For Policy Limits of $1,000,000

Case:  Estate of R.S. (Name withheld for privacy) v ABC Nursing Facility, Miami, Florida

Court:  Miami-Dade County Circuit Court

Attorneys: David W. Lipcon and Mitchell J. Lipcon, Lipcon & Lipcon, P.A.

Facts:  In early 2017 R.S. 82 year old widow was admitted to ABC Nursing Facility in Miami, Florida. R.S. was suffering from Alzheimer’s and was in need of around the clock care. Upon admission, R.S. was surveyed by the medical staff at the Nursing Home and was considered to be a “high risk for falls.” The assessment required total physical assistance for locomotion and mobility. Despite this, ABC Nursing Facility allowed R.S. to wander around the halls of the home, unassisted. In the first two (2) months of her admission, she fell three (3) times. Despite this, ABC Nursing Facility failed to alter her nursing plan or change any interventions. Amazingly, she was still left unsupervised and allowed to continue to ambulate and walk without assistance. Unfortunately, she fell a fourth time. This fall was so severe that she crushed her head on the floor, causing a subdural hematoma, which eventually led to her death. 

The family hired the lawyers at Lipcon & Lipcon, P.A., who specialize in personal injury cases and nursing home abuse/neglect. David Lipcon’s investigation immediately uncovered the fact that R.S. was allowed to wander the halls of the nursing home, unsupervised. Only a few of the falls were documented in the original nursing record. After taking numerous witness depositions, it was uncovered by Lipcon that in fact there were more falls sustained by R.S., that were kept hidden by the facility. 

The facility, at first, refused to settle the case choosing instead to litigate. After approximately seven (7) months of litigation, the case finally resolved at mediation for the policy limits of $1,000,000.00.

Lipcon’s Comments: “Such a tragic event. All of this was preventable. The family trusted this facility. The facility accepted private insurance and Medicare, yet in spite of this, barely provided the most basic and obvious services. The settlement is notable as most nursing facilities in South Florida do not carry such a large amount of insurance, let alone pay the full amount during a claim. Although I am skeptical, I hope that not only this facility learned a lesson, but the entire nursing home industry as well.”

Result:  A settlement during litigation for $1,000,000.00 was reached.