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May 2009 Legal Case Study |
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| Failure to Provide Proper Care to Long-Time Resident - Dehydration and Fecal Impaction of Vagina - Death - $525,000 Settlement. | |
The plaintiff’s decedent, age ninety, was a long-time resident of the defendant nursing home. She had a history of stroke, right-sided paralysis, constipation and urinary tract infections. The decedent was dependent on the nursing staff for transfers, toileting, eating and drinking. In December 2005 the decedent complained of a urinary tract infection which was treated with antibiotics. She also had painful vaginal ulcerations which allegedly went unassessed and untreated. The decedent was being given two doses of laxatives and prunes each day, but her fluid intake and output was not being consistently monitored. Despite doctor’s orders, the nursing staff restricted fluid intake, especially at night. After four days of treatment for the urinary tract infection the decedent was taking in less than twelve ounces of fluid and had not eaten in several days. The next day the decedent complained of abdominal pain. At that time, she was still receiving laxatives and prunes twice a day and her fluid intake was minimal. Over the next two days the decedent had fifteen large bowel movements and she was found unresponsive the following day. She was taken to an emergency room, where she was found profoundly dehydrated and her vagina was fecally impacted. Emergency room nurses stated that her vagina had to be irrigated and it took eight to ten wash clothes to remove all of the dried and impacted fecal matter. The decedent died the following morning of dehydration. The plaintiff alleged failure to provide proper care. According to a Verdict Reporter a $525,000 settlement was reached. With permission from Medical Malpractice Verdicts, Settlements & Experts; Lewis Laska, Editor, 901 Church St., Nashville, TN 37203-3411, 1-800-298-6288. |
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