$3 million medical malpractice claim filed against nursing home

In Kentucky and elsewhere claims against nursing homes and assisted living centers are categorized in most instances as medical negligence claims. When an incapacitated or disabled elderly person is receiving regular medical treatment and care in the facility, the law imposes a minimum standard of care on the institution and its employees. Individuals who are bedridden are the most common victims of medical malpractice by nursing homes.

The range of incompetent and even abusive treatment of seniors in nursing homes is a wide one, and many would say that the care is generally a disgraceful testament to our respect for our elderly citizens. In some instances, government agencies have been lax in inspecting and compelling the upgrading of such facilities. In one recent example in another state, a $3 million lawsuit has been filed by the estate of a deceased man who died from infection after being released from the defendant nursing home.

The estate sued Envoy of Williamsburg, which is advertised as a skilled nursing and rehabilitation center.  The lawsuit asserts medical malpractice and wrongful death damages. It is alleged that when the patient was admitted to the facility, he had a medical history that showed his susceptibility to bedsores. It is alleged, however, that he had no bedsores when admitted. Bedsores are wounds that develop when a person's body stays in one position too long; they can lead to fatal infections. 

The National Institutes of Health report that the person must change positions regularly and pillows must be used to alleviate pressure and limit moisture. The lawsuit alleges that by the time he was released from the facility he had developed sepsis and gangrene from the bedsores, and he later died from these infections. The nursing home staff caused the bedsores and hence the man's death, according to the complaint filed by the decedent's estate. Medical malpractice lawsuits and/or insurance claims containing similar allegations are common in Kentucky and other states. The main theory of recovery is usually that the institution negligently failed to provide competent medical attention and treatment, and fell below the required standard of care required in such circumstances.

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