Professional Negligence Law Reporter

Nursing Home

You must be a Professional Negligence Law Reporter subscriber to access this content.

If you are a member of AAJ's Professional Negligence Section or a subscriber, log in below. Not yet a Section member? Join today!

Join the Professional Negligence Section

Failure to follow physician’s orders

November/December 2023

After suffering fractures, Doe was transferred to Roe nursing home. Her physician’s orders instructed nurses to regularly assess the skin around her cast to detect skin breakdowns, swelling, and changes in color. Nurses also were to cleanse and apply treatment to Doe’s leg ulcer daily. Within two weeks, Doe was returned to the hospital, where she was diagnosed as having a gangrenous wound and maggots crawling out of her cast. She required amputation of her right leg.

Doe sued the nursing home, alleging it had failed to comply with her physician’s orders and provide wound care. The defense countered that Doe’s extreme obesity and uncontrolled diabetes made amputation likely even absent the home’s wrongdoing.

The parties settled for $500,000.

Citation: Doe v. Roe, Confidential Dkt. No. (Cal. Super. Ct. Los Angeles Cnty. Mar. 13, 2023).

Plaintiff counsel: Benjamin T. Ikuta and Michelle B. Hemesath, both of Santa Ana, Calif.