The estate of an eighty year old nursing home resident received $300,000.00 for nursing home negligence of dialysis patient. The resident died due to nursing home negligence from a fistula bleed.
Many nursing home patients have kidney disorders that require scheduled dialysis treatments. Frequently, these dialysis treatments are performed outside the nursing home by another facility. The outside facility is responsible for the dialysis being performed correctly. Upon return to the nursing home, the fistula needs to be monitored for blood flow and clotting and observed for redness, swelling or pain. This monitoring needs to be done twice daily and documented.
In this particular case, the resident was found in bed, in a pool of blood. The resident had simply bled to death. The nursing home had failed to monitor the condition of the A-V fistula. If they had, they would have discovered the blood clot and hemorrhage due to erosion of A-V fistula site. Nursing home negligence of dialysis patient is a common occurrence for residents with a long history of being on dialysis.
Naturally, the nursing home will blame the kidney dialysis center for the defective A-V fistula. They will argue that the nursing home does not provide dialysis treatment but simply arranges for the transportation to/from the dialysis center. Further, since the cause of death was due to blood clotting, a condition they did not create, they should not be liable.
This of course is not the law. In fact, the nursing home is responsible for the twice daily monitoring of the A-V fistula site. If the A-V fistula had been monitored properly, the conditions leading to the blood clot would have been discovered and the resident would not have died. Nursing home negligence of dialysis patient is all too common.
The nursing home will then point out the advanced age of the resident, the relatively short life expectancy of the resident, the quality of life of the resident, and the lack of a living spouse or close relative. They will, is short, do everything they can to defeat your claim.
If you have a loved one who resides in a nursing home and you suspect nursing negligence or abuse, call our office for a free consultation. There is no fee at any time unless we recover compensation for your family.