The plaintiff, age sixty-four, was receiving respite care at home from the defendant in February 2004. The plaintiff was confined to bed as a paraplegic due to a pre-existing brain aneurysm and spinal lesions. The plaintiff also had impaired memory. The plaintiff fell to the floor while a health care aide was attempting to transfer her from her bed to her wheelchair. The plaintiff suffered a fractured right femur which required open reduction and internal fixation with plate and screws. The fracture was not discovered until a hospital home health provider found the leg swollen and misshapened while bathing the plaintiff five days after the fall.

The plaintiff required admission to a nursing home for nine months before she could return home. The plaintiff claimed that the aide relied on her to stand and pivot without giving her adequate assistance and using a gait belt. The plaintiff’s home care plan stated that the plaintiff should have fall protection and specified the use of transfer equipment and assistance with transfers as needed.

The defendant, the home health provider agency, claimed that the plaintiff had misrepresented that she had the ability to stand and pivot on her own and that the plaintiff “slipped” to the floor as the aide tried to support her. The defendant also contended that the plaintiff denied injuries to paramedics who were called to transfer her back into bed after the fall. The defendant argued that the fracture was not suffered in the fall and occurred later. The defendant specifically claimed that the fracture was of a type which would have been apparent to paramedics in their examination after the fall and to home care providers who saw her over the next few days.

According to a report, a $310,000 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.