Elder Law

Jury Finds Nursing Home Negligence and Grants $28 Million in Punitive Damages

By Levin & Perconti

A jury has determined that a nursing home needs to pay $28 million in punitive damages after being found responsible for a woman?s death. The jury found that both the nursing home company and their parent company were guilty of elder abuse in the death of a 79-year-old resident. The jury was presented with testimony concerning the corporation?s finances before awarding the punitive damages. They also awarded $1.1 million in pain and suffering damages and loss of companionship. The state has threatened to revoke the license, but instead has reached an agreement to stay open.

It is obvious that this nursing home conglomerate put profits over patient care. The jurors decided that the home?s conduct was ?malicious and oppressive? which allowed them to grant punitive damages. The victim was suffering from mild dementia when she moved into the home. Seven months after she moved in she suffered a fall that resulted in a broken hip. This coupled with an infected bedsore caused her death. Jurors heard testimony concerning the understaffing of the home and the poor medical documentation that helped cause her death. While understaffing allows nursing home owners to maximize profits, it has been proven to lead to nursing home neglect. The founder of the advocacy group Foundation Aiding the Elderly stated that this was a monumental verdict.

If you believe that a loved one resides in a nursing home that is understaffed, please consult a Chicago nursing home lawyer. To read more about this case of nursing home abuse, please click the link.

Full post as published by Illinois Nursing Home Abuse Blog on May 13, 2010 (boomark / email).