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 timely diagnose, treat resident’s UTI

July/August 2024

Mary Bennett-Shuffield, an 85-year-old resident of the Emerald Care Center of Tulsa, suffered from dementia. She was found semi-conscious in her room and was transported to a hospital, where she was diagnosed as having a urinary tract infection (UTI). She died six days later. Bennett-Shuffield is survived by her adult son.

Her estate sued Emerald Care Center of Tulsa and its corporate owner, alleging negligence and negligence per se. The plaintiff asserted the defendants failed to timely diagnose and treat Bennett-Shuffield’s UTI and did not contact a doctor or perform testing when she had blood in her urine 10 days before she was hospitalized.

The jury awarded over $10.37 million.

Citation: Bennett-Shuffield v. Garden Manor Rehab & Nursing of Tulsa LLC, No. CJ-2021-02919 (Okla. Dist. Ct. Tulsa Cnty. Feb. 2, 2024).

Plaintiff counsel: AAJ member Guy A. Thiessen, Tulsa, Okla.