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Failure to treat resident’s worsening medical conditions

September/October 2020

Frederick Smith suffered a fractured hip after a fall. He underwent hip replacement surgery and was admitted to Northern Manhattan Nursing Home for rehabilitation. Over approximately the next three years, his condition worsened dramatically and he developed bed sores, hypoglycemia, and septic shock, among other problems. Smith, 75, subsequently died after requiring hospitalization for his conditions. He is survived by his wife.

Smith’s wife, on behalf of his estate, sued Northern Manhattan Nursing Home, Inc., alleging it failed to properly diagnose, monitor, and treat Smith’s medical conditions and timely transfer him to a hospital.

The jury awarded $2.98 million.

Citation: Smith v. Northern Manhattan Nursing Home, Inc., No. 805104/2014 (N.Y. Sup. Ct. New York Cty. Feb. 21, 2020).

Plaintiff counsel: Mary Ellen Wright, Newburgh, N.Y.