The claim was settled without filing a complaint for $277,000.00.
The injured party in this matter was an elderly, morbidly obese woman with severe dementia. She resided in a long-term care facility and was bedbound. A staff member rolled the resident onto her side to change her diaper. The resident continued rolling and fell off of the bed, breaking her leg from the force of the fall.
The resident was transferred to an area hospital, where she remained for several weeks and developed sepsis. Her family decided to have her released to hospice care rather than back into a long-term care facility. The woman died in hospice.
The woman’s family asserted a claim against the long-term care facility, alleging that the facility was negligent for attempting to change the resident’s diaper with only one staff member present. No claim was asserted for medical malpractice. The case settled for $277,000.00 without the need to file a lawsuit.