A 90-year-old woman was admitted to a nursing home noting that she was a “moderate fall risk.” After falling many times at the facility, a cushioned mat was placed beside her bed.
The patient was transferred to a more advanced care floor, but none of the staff ensured that a mat was placed next to her bed upon transfer. The patient subsequently fell from her bed. The staff delayed transferring the patient to the ER. When she arrived, she was found to have a cerebral hemorrhage. The patient's condition declined dramatically until she passed away three weeks later. The plaintiff's estate alleged that the staff deviated from applicable standards of medical care by failing to order or ensure that a mat was placed alongside her bed.
Following unsuccessful mediation, the case settled shortly after suit was filed and a demand letter for unfair settlement practices was issued.