David Doyle and Bethany W. Nduka, Esq. recently obtained a final summary judgment on behalf of a skilled nursing facility Client in a wrongful death / Chapter 400 resident’s rights violations case in Duval County.
Plaintiff contended that the facility failed to implement appropriate fall precautions that resulted in five falls while the resident was at the facility. Plaintiff further alleged that the facility failed to provide adequate nutrition to the resident and failed to detect signs and symptoms of breast cancer, which was diagnosed after the resident was discharged from the facility and, according to Plaintiff’s medical expert, was the cause of her death.
Utilizing the facility’s medical records, together with the effective use of medical experts, David and Bethany were able to establish that the falls were unpreventable and did not cause or contribute to any injury or the resident’s death. They also were able to create a nutrition timeline showing the resident actually gained weight during her residency, which eviscerated the malnutrition allegations. Finally, they were able to successfully argue that breast cancer is a physician diagnosis, not a diagnosis that the standard of care requires nurses and caregivers at a skilled nursing facility to make. Given the clear lack of legal causation, final summary judgment was granted in favor of the facility.
Congratulations David and Bethany!