Professional Negligence Law Reporter

Hemingway v. 262 Toll Gate Rd. Operations, LLC, No. 2015-03729 (Pa Ct. Com. Pl. Bucks Cnty. Apr. 22, 2019).

Rae Hemingway was admitted to the Crestview Center nursing home. At the time, her risk factors for falling were documented—including her history of falls, contractures, decreased circulatory function, and use of assisted ambulatory devices—and she was deemed to be a fall risk who was not permitted to walk or remain unattended. Nevertheless, Hemingway was allowed to walk from the facility’s lobby down a hallway. She fell and struck her head and face, resulting in a traumatic subarachnoid hematoma and multiple fractures to her face and arm. She died several weeks later from complications of her injuries. She is survived by her adult son and daughter.

Hemingway’s estate sued the nursing home’s owner and operator, alleging failure to, among other things, implement fall prevention strategies, ensure that a staff member was physically present to help Hemingway, and enforce safety policies at the nursing home.

The parties settled for $187,500.

Plaintiff counsel: Adam M. Green, Philadelphia.