Professional Negligence Law Reporter

Carol Reed, a 67-year-old woman who suffered from spina bifida, was recovering from a broken leg at Life Care Center of Orlando. Because Reed was assessed as being at high risk for pressure ulcers, she was placed on a schedule calling for her to be turned every two hours. Approximately nine days into Reed’s admission, staff was instructed to turn her as needed. The following day, Reed developed a skin tear in her left buttock, which led to a Stage IV pressure wound that necessitated multiple surgeries, hospitalizations, and physical therapy. She is no longer able to wear leg braces and now must always use a wheelchair.

Reed sued Life Care Center of Orlando, alleging its staff had negligently failed to prevent and treat her pressure wound. The plaintiff alleged that she should have been turned every two hours for the entirety of her stay and that staff had failed to properly describe her wound in her medical records.

The defense claimed that Reed had failed to mitigate her damages by, among other things, consenting to a wound-healing vacuum or undergoing a colostomy to prevent fecal matter from contaminating her wound.

The jury awarded more than $12.35 million, finding the plaintiff 13% at fault.

Citation: Reed v. Life Care Ctrs. of Am., Inc., No. 2018-CA-013297-O (Fla. Cir. Ct. Orange Cty. Mar. 11, 2022).

Plaintiff counsel: AAJ member Keith R. Mitnik and Spencer Payne, both of Orlando, Fla.

Plaintiff experts: Arthur Debaise, plastic surgery, and John Hirt, family medicine, both of Winter Park, Fla.; David Seignious, geriatrics, Johns Island, S.C.; Frederick Raffa, economics, Orlando; and Johanna Ojeda, nursing, Tampa.

Defense experts: Norman Brown, neurosurgery, Largo, Fla.; and Rajeev Kumar, geriatrics, Chicago.