Nursing home neglect: Ignored foot fracture leads to lawsuit

When elderly or frail people in Tennessee need full-time care, nursing homes are sometimes their only options. While many promises are made by some nursing homes to convince families to hand over the care of a loved one, providers sometimes fail to deliver on the facility’s promises. Although the circumstances of each resident are unique, all have significant personal and medical care needs, making them extremely vulnerable. Nursing home neglect can have devastating consequences, and lawsuits seeking financial relief are not uncommon.

Such a claim was recently filed by a woman in another state, alleging negligence in the care she received at a nursing home. Court documents indicate that the plaintiff was admitted to the defendant’s facility in 2009. She contends that she had a stroke history and was bed and wheelchair bound because of her inability to walk. By the end of 2013, the plaintiff’s daughter allegedly noticed a deformity in her mother’s right foot and reported it to the nursing staff. Upon examination, it was apparently determined that the fibula and tibia in the plaintiff’s foot were fractured.

According to the complaint, a substantial force would have been required to cause such a severe injury. The plaintiff claims that the defendant was seemingly unaware of the serious injury and only arranged X-rays and orthopedic treatment after the injury was pointed out by her daughter. She alleges that the lack of adequate care was willful, and she claims to have suffered physical pain that she will continue to endure in the future.

Other claimed consequences of the alleged nursing home neglect included physical impairment and disfigurement, along with mental anguish and medical expenses. With sufficient evidence of negligence, victims of nursing home abuse or neglect in Tennessee may also pursue litigation of a claim against the facility and its staff. A monetary judgment may be entered to cover documented financial and other losses when a case is successfully presented.