The plaintiff’s decedent, age fifty-two, had a history of bladder cancer when admitted to the defendant facility for rehabilitation services. During his thirty-day stay, a preexisting decubitus ulcer worsened significantly and became infected. The decedent was transferred to a hospital with symptoms of infection and malnutrition. Ten days later the decedent died from respiratory failure due to septicemia related to the decubitus ulcer.

The plaintiff claimed that the defendant’s staff was negligent in the care of the decedent during his stay at the defendant facility and that there had been a violation of the Adult Protective Services Act, as well as elder abuse.

The defendants claimed that the decedent’s death was actually from his preexisting cancer. The defendant maintained that due to the decedent’s co-morbidities, there was nothing that the staff could have done to prevent the ulcer from worsening, nor could it prevent the nutritional decline.

According to The Trial Reporter, a $1.8 million verdict was returned for the decedent’s minor son for wrongful death and the estate was awarded $200,000 on the elder abuse claim.

With permission from Medical Malpractice Verdicts, Settlements & Experts; Lewis Laska, Editor, 901 Church St., Nashville, TN 37203-3411, 1-800-298-6288.