Hillsboro Mgmt., LLC v. Pagono, 112 So. 3d 620, 622 (Fla. Dist. Ct. App. 2013)
This case involved an elderly woman who resided at a nursing home. The woman sustained severe injuries after multiple falls while under supervision of the facility. A negligence claim for Improper Supervision was filed against the home.
A ninety-eight year old woman, Frances Tremblay, had been admitted as a resident by her granddaughter and caretaker to the Living Legends Retirement Home. During the intake process, it was noted by the staff that the elderly woman did not need the assistance of a walker, cane or wheel chair to get around. Unfortunately, the very first day that Tremblay was at the facility, she experienced a traumatic fall which injured her.
Though it was not alleged that the fall was due to the negligence of the nursing home, it was reported that Tremblay had additional falls while she was staying at the home. In total, she experienced 19 falls in the 26 days that she lived at the center. The excessive amount of falls that the victim dealt with caused her great bodily injury. The woman ultimately died, though it was not stated that her death was directly related to these falls.
The elderly woman’s granddaughter, the plaintiff in this case, filed a lawsuit against the assisted living facility claiming that the staff did not properly supervise the woman while she lived under their care. At trial, the plaintiff presented evidence of the woman’s falls, lack of supervision on the part of the staff after they were aware of multiple previous falls, and other acts that were intentionally directed at the victim. A jury found the nursing home to have been negligent in their conduct and awarded damages for the plaintiff in the case.
Like the plaintiff in this case, many of us are forced at some point to make the decision to have a family member supervised by an assisted living facility, or nursing home. When we place our loved ones in the hands of these centers, we often times take for granted that there is a chance of harm being caused while under their supervision. The victim in this case did not have a history of falls prior to entering the home; however, she did experience a substantial amount of falls following her admission into the facility. Once the staff became aware of the woman being prone to falls, it should have been a priority of theirs to ensure that she was properly handled when moving about.
When nursing homes are not adequately staffed, the chances of residents being injured in a slip-and-fall type accident are increased dramatically. The residents known by the staff of a nursing facility to be at risk of falling down must be properly supervised. This means monitoring almost every step, including bathroom visits and anytime that the person is on their feet. There are requirements in Florida which make it mandatory to have a certain number of staff members on duty depending on the number of residents who live in the home. When a nursing home fails to provide the needed supervision from its staff, they can be found negligent for injuries suffered by a resident.
If you feel that you or a loved one may be a victim of possible nursing home neglect and/or abuse, contact the Fort Lauderdale injury attorneys of Madalon Law for your free consultation.