A Texas nursing home negligence jury returned its verdict in the amount of $450,000 in favor of the son of a former resident whose death the jury determined was caused by the negligent failure of the defendant nursing home to properly diagnose and treat the 79-year-old diabetic resident’s big toe infection that caused the infection to spread, resulting in amputation of his right leg above the knee, and ultimately resulting in his death.
The nursing home wrongful death lawsuit alleged that the blind resident, who was also on dialysis, developed an infection in his right big toe that the defendant nursing home’s staff failed to observe until it had turned black, was 4 cm by 5 cm in size, and had a foul odor.
The plaintiff’s expert testified during the trial that the defendant nursing home was negligent in failing to diagnose the big toe infection earlier when it could have been successfully treated before it became gangrenous, noting that the defendant nursing home was aware that the man was a diabetic and had circulatory problems inasmuch as he had toes on his left foot amputated prior to becoming a resident of the defendant nursing home. The plaintiff’s expert further criticized the defendant nursing home’s delay in transferring the resident to the hospital.
The man had been a resident of the defendant nursing home for only a month before his death in November 2015.
The Texas nursing home negligence jury deliberated for seven-and-a-half hours over a two-day period following a five-day trial before returning its verdict in favor of the plaintiff on March 17, 2017. The jury awarded $100,000 for the resident’s pain and suffering before his death, $75,000 for the resident’s son’s mental anguish as a result of his father’s death, $75,000 for the son’s loss of his father’s companionship, and $200,000 in punitive damages against the defendant nursing home.
After the jury’s verdict was rendered, a juror stated that if the decision was solely his, he would have awarded more in punitive damages: “Due to the evidence we saw, it was just gross negligence. There was a lot more that could have been done for this man, and it was just absolute refusal to see a problem that is blatantly obvious.”
The large corporate owner of the defendant Texas nursing home states on its website that its Mission is “Setting the standard in the delivery of quality health care services in the communities we serve” and its Vision is “We are dedicated to providing love and attention one resident at a time.”
If you or a loved one suffered injuries (or worse) while a resident of a nursing home in the United States due to nursing home neglect, nursing home negligence, nursing home abuse, or resident on resident abuse, you should promptly contact a local nursing home claim attorney in your U.S. state who may investigate your nursing home claim for you and file a nursing home claim on your behalf, if appropriate.
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