Professional Negligence Law Reporter

Mitchell v. Tucker Invs. & Assocs., No. 17A65415-7 (Ga. St. Ct. DeKalb Cnty. May 1, 2019).

Christine Mitchell, 70, lived at Grace Healthcare of Tucker and required assistance with all activities of daily living. One morning, a nursing assistant attempted to change Mitchell’s bed linens while she remained in the bed. During the linen change, the assistant rolled Mitchell off of the bed. She suffered a large bruise on the right side of her forehead and was later diagnosed as having a subdural hematoma. Mitchell was transferred to hospice care for the next several weeks, unable to communicate. She died approximately a month after the incident and is survived by her two adult sons. One of the sons, individually and on behalf of Mitchell’s estate, sued the nursing home’s owner, alleging failure to prevent Mitchell’s fall. The plaintiff claimed that the defendant’s nurse should have performed the linen change with assistance. Additionally, suit alleged that the defendant failed to implement a proper care plan for Mitchell, who suffered numerous falls throughout her residency at Grace Healthcare.

The jury awarded $1.8 million. Prejudgment interest increased the award to over $1.89 million.

Plaintiff counsel: AAJ member Evan Jones, Athens, Ga.; and AAJ members Michael A. Prieto, William Holbert, and Jonathan Marigliano, all of Atlanta.