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Failure to adequate assess patient

January/February 2021

Elaine Jenkins was admitted to the transitional care unit of Vibra Hospital of Charleston. While there, she allegedly suffered from debilitating injuries that led to her permanent decline.

Jenkins’s estate sued Vibra Hospital and its administrator, alleging negligence, negligence per se, breach of contract, fraud and misrepresentation, violation of the South Carolina Unfair Trade Practices Act, wrongful death, and survivorship. The plaintiff argued that among other things, the defendants failed to conduct adequate assessments, respond to changes in Jenkins’s mental status, and notify family members after incidents.

The defense argued that Jenkins’s injuries resulted from a natural disease process.

The parties settled for $100,000.

Citation: Robinson v. Vibra Hosp. of Charleston, LLC, No. 2019-CP-10-00348 (S.C. Ct. Com. Pl. Charleston Cty. Jan. 30, 2020).

Plaintiff counsel: AAJ member D. Nathan Hughey, A. Stuart Hudson, and AAJ member Bradley Banyas, all of Mt. Pleasant, S.C.