Nursing Home & Care Facility Case Results

Long Term Acute Care Facility/Wrongful Death – Two patients admitted to a Southern California long-term acute care facility (LTAC) died shortly thereafter as a result of the facility’s failure to provide them with appropriate care. The families of these two patients filed a joint lawsuit against the facility, physicians, and other persons responsible for the decedents’ medical care. In the first case, the patient went into cardiac arrest in the early morning hours, and the facility had to call 911 because it did not have anyone on duty that was trained in CPR or Advanced Life Support. No medical treatment was provided at all until the ambulance arrived 20 minutes later, and, as a result, the patient died. In the second case, the patient had an indwelling catheter that was supposed to be changed every 48 hours, and the facility failed to change or monitor the catheter for over 10 full days. Consequently, the patient became septic, and died. Over the course of litigation, it was discovered that the California Department of Health Services had been investigating this particular facility for various reasons, such as understaffing and failure to provide competent care. Shortly after the two unfortunate incidences that made up this case, the facility was permanently shut down. After litigating the case for almost two years, our San Diego nursing home injury attorneys successfully settled the case for the sum of $1,125,000.00.

Elder Abuse/Neglect - Three months after being placed into a board and care facility, a 92-year-old man was rushed to a hospital where he was noted as suffering from malnutrition, dehydration, and severe muscle wasting. He also was noted as having live insect activity in his eyes and mouth. He died less than a week later. Angered by the lack of care provided, his family retained the firm to file legal action against the facility and the placement agency for their failures to oversee the proper care of their loved one. Early during litigation, settlement was reached with the defendant facility for over $1,000,000.00.

Elder Abuse/Wrongful Death – An 84-year-old patient of a San Diego County skilled nursing facility died after suffering severe neglect. Upon his admission to defendant’s skilled nursing facility and at numerous times thereafter, decedent’s needs for skilled nursing care were made known to defendant’s administration and staff. These needs included specific orders regarding injection medication that decedent was required to receive. Shortly following his admission, the patient was noted as having multiple large dark purple bruises over the entire left side of his body. This was being caused by an improper injection of his medications. Despite recognizing the condition, facility administration and staff failed to notify decedent’s physician or family of the condition and exacerbated the injuries by continuing to improperly inject decedent’s medications. As a result, decedent suffered prolonged internal bleeding and ultimately died. Despite the fact that the facility strongly contested the allegations of abuse and neglect and the fact that decedent died as a result of the internal bleeding, the firm was able to obtain a $350,000.00 cash settlement from the facility.

Nursing Home Abuse/Neglect - An 87-year-old resident of a skilled nursing facility died after the nursing home failed to administer her life-sustaining medication over a period of 26 days. The woman’s primary care physician, who the firm argued failed to adequately monitor the health of her patient, participated in the settlement. The case settled for the sum amount of $910,000.00.

Elder Abuse/Neglect - A 94-year-old man fell while residing in a residential care facility. He sustained a severely broken hip and shoulder, and died before doctors could operate. Through its investigation, the firm was able to demonstrate that the man fell late at night as a result of over-medication by staff at the residential care facility who wished to keep him quiet, and thus “trouble-free.” In the face of this harmful evidence, early during litigation the insurance provider for the facility agreed to settlement with the surviving family members in the amount of $700,000.00.

Nursing Home Abuse/Neglect - An 83-year-old resident of a skilled nursing facility died as a result of severe urospesis, which was contracted after the defendant facility failed to properly care for and cleanse her indwelling catheter. The facility ultimately settled with decedent’s six surviving children for $600,000.00.

Nursing Home Abuse/Neglect - A 78-year-old resident of a skilled nursing facility died after losing 25 pounds over a period of seven days while at the facility. Although the facility contended the weight loss resulted from medical complications, and not as the result of a lack of care rendered by its facility, it agreed to settle the case with the decedent’s children in the amount of $375,000.00 before a lawsuit was filed.

Nursing Home Abuse/Neglect – An 82-year-old resident of defendant’s residential care facility suffered a fractured femur after she was dropped by an untrained, inexperienced, unsupervised employee during what should have been a routine transfer from the toilet to her wheelchair. After surgery to repair the fracture, plaintiff was transferred to defendant’s rehabilitation facility for physical therapy. While a patient at the rehabilitation facility, she then developed severe pressure ulcers in addition to infections, substantial weight loss, and high fevers. The pressure ulcers got progressively worse, and forced plaintiff to undergo several surgeries in attempts to heal them. Plaintiff sued the defendant care providers who agreed to settle the matter in the early stages of litigation in the amount of $275,000.00.

Nursing Home Abuse/Neglect - An 87-year-old resident of a skilled nursing facility died after the nursing home failed to administer her life-sustaining medication over a period of 26 days. The woman’s primary care physician, who the firm argued failed to adequately monitor the health of her patient, participated in the settlement. The case settled for the sum amount of $910,000.00.

Nursing Home Abuse/Neglect - Wrongful death of an 87-year-old skilled nursing facility resident/patient who died after the facility’s nursing staff failed to plan care for the patient’s well-documented “high risk” status for falls. Despite notice of previous falls provided by family members, as well as the facility’s own assessment that the patient was at “high risk” for falls, the Southern California facility failed to initiate any fall prevention protocol. Six days after being admitted, the patient fell while unassisted. As a result of the fall, the resident sustained a severe head injury. Despite being transferred to the hospital, he died later that morning.The case settled early in litigation for a total of $475,000.00.

Nursing Home Abuse/Neglect - An 83-year-old resident of a skilled nursing facility died as a result of severe urospesis, which was contracted after the defendant facility failed to properly care for and cleanse her indwelling catheter. The facility ultimately settled with decedent’s six surviving children for $600,000.00.

Nursing Home/Wrongful Death – Attorneys of the firm represented the claims of a 90-year-old patient who suffered excruciating pain as the result of the formation of several pressure ulcers, one of which was so large it exposed her tailbone. She died a short time later. Despite defendant’s claims that the care it rendered to plaintiff was well within acceptable nursing standards, that there was nothing it could have done differently to prevent the formation of the decubitus ulcers, and that plaintiff’s death was unrelated to its conduct, the defendant facility paid plaintiff’s surviving family $300,000.00 in settlement of the case.

Nursing Home Abuse/Neglect – The son of 93-year-old plaintiff contracted with a geriatric in-home care company for his mother to receive assistance with her daily needs in the comfort of her own home. The contract called for the company to provide the services of a specially trained and skilled in-home care provider. On the fourth day of service, defendant sent an untrained, unskilled employee to assist plaintiff. During an attempted transfer, the employee left plaintiff, who was unstable and a known fall risk, standing unattended. Plaintiff fell and sustained a broken hip, subsequently requiring surgery then rehabilitation at a skilled nursing facility. The firm attorneys brought suit on behalf of plaintiff, alleging not only negligence but also that the conduct of defendant in promising, yet failing, to provide a specially trained and skilled in-home care provider was reckless and fraudulent under California’s Elder Abuse Act. After prevailing on an important motion early during litigation which shaped the case as one for Elder Abuse, defendant agreed to settle plaintiff’s claims in the amount of $365,000.00.

Nursing Home Abuse/Neglect - A 78-year-old resident of a skilled nursing facility died after losing 25 pounds over a period of seven days while at the facility. Although the facility contended the weight loss resulted from medical complications, and not as the result of a lack of care rendered by its facility, it agreed to settle the case with the decedent’s children in the amount of $375,000.00 before a lawsuit was filed.

Disclaimer: Case results as reported above were derived based upon facts and circumstances specific to each separately reported case and publication of such case results is for informational purposes only and by no means is intended to constitute any representation or guarantee of a similar result for your prospective case.


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Elder Neglect by Healthcare Corporation
Jean’s mother was a victim of neglect while at a skilled nursing facility, resulting in surgery that she did not survive. Berman was there to listen and provide support that the client needed.
Wrongful Death at a California Nursing Home
Michele’s mother suffered a wrongful death at a California nursing home. William M. Berman and the attorneys at Berman & Riedel, LLP helped litigate the case with successful results.
Wrongful Death Legal Services
Ginny suffered a family loss, and Berman lawyers handled her legal needs with compassion and reassurance, allowing her to feel safe and at-ease through the entire process.
Serious Injury at Skilled Nursing Facility
Ira’s wife suffered a traumatic brain injury due to negligence at a skilled nursing facility, and our team of attorneys worked hard to ensure that Ira’s wife and his family received the compensation that they rightfully deserved.
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FAQ

Frequently Asked Questions

Below are answers to common questions people have about personal injury cases and working with a lawyer. During your initial consultation, we will be happy to answer questions that are particular to your case.

How Much Does It Cost to Hire a Personal Injury Attorney?

The attorneys at Berman & Riedel, LLP, accept cases on a contingency-fee basis. This type of agreement means you do not pay any attorneys’ fees out-of-pocket for legal representation. Attorneys’ fees are also contingent on the outcome of your case.

You benefit from legal representation in exchange for an agreed-upon percentage of a settlement or jury award. We will only recover a fee if you recover compensation.

Can You Tell Me How Much My Case Is Worth?

There is no way to determine the exact value of a personal injury case, especially early in your case. However, an experienced attorney can give you an estimated range based on their experience with similar cases.

There are many factors that may influence the value of your case, such as:

  • Your total financial or economic damages
  • The severity of your injuries
  • The impact of your injuries on your daily life
  • The strength of your case
  • Whether you share fault for your accident
  • Insurance policy limits 

Some damages are easy to calculate, such as lost wages and medical bills. Calculating the value of diminished earnings for the rest of your life or future medical needs; however, may require the help of experts. Non-economic damages like pain and suffering have no intrinsic financial value. These damages are challenging to calculate. 

If your case goes before a jury, you may potentially be able to recover more than you could through a settlement. However, this introduces a new element of risk: the jury. The circumstances of your accident and even how sympathetic you or the defendant are can influence the outcome.

During your consultation, and throughout your case, we will help you understand how these factors influence your case. We will also work tirelessly to document the value of all your damages and pursue maximum compensation on your behalf.

Will My Case Go to Trial?

The vast majority of cases are resolved by reaching a settlement agreement outside of court. Very few personal injury cases actually go to trial, but it is more likely if the facts in your case are in dispute, a legal issue is being contested, or you have a high-value case.

An experienced lawyer will build your case as if it will go to trial from the beginning. The stronger your case and evidence, the more likely a fair settlement will be reached.

How Do I Know If I Need a Personal Injury Lawyer?

If your case involves mostly property damage or minor injuries, you likely do not need a lawyer to handle a claim with the insurance company. The more serious your injuries, or the more complex your case, the more important it becomes to seek experienced legal counsel.

Remember that the insurance company is not on your side, even if the insurance adjuster seems sympathetic and you receive a settlement offer. If you are being blamed for your accident or sustained serious injury, a lawyer will help you protect your rights and build the strongest case possible. This includes calculating the full value of your current and future losses.

Legal representation is also vital if your case involves a complex area of law such as elder abuse or neglect, premises liability, commercial vehicle accidents, medical malpractice, or serious work-related accidents. Determining liability, navigating decades of legal precedence, and interpreting specific statutes in these cases is best done with years of relevant legal experience.

Do You Accept Cases Outside of San Diego?

While our law office is located in San Diego, Berman & Riedel, LLP, accepts cases throughout the state of California.

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