Orlando Managing Partner, Robin Khanal and Associate, Meghan McComas' meticulous review of medical records, astute emphasis on continuous monitoring by MD/ARNP, strategic utilization of witness testimony to highlight real-time management, and focused defense on legal standards effectively dismantled claims of negligence, ultimately securing a complete defense verdict for the entire team and our client.
Case Overview
- The case involved a resident with morbid obesity and respiratory failure who was placed on Lasix for edema.
- The plaintiff alleged unintentional weight loss, malnutrition, increased confusion, weakness, and subsequent bedridden state, attributing these conditions to deviations in the standard of care.
Claims Made Against Our Client
- Deviations in the standard of care regarding weight loss.
- Deviations in the standard of care regarding malnutrition.
- Both resulting in increased confusion and weakness, and the Plaintiff becoming bed ridden.
Key Defense Strategies
- Khanal and McComas's defense focused on the resident's health status pre- and post-admission, highlighting prior medical records that underscored respiratory failure and anoxic brain injury.
- Central to the defense was the meticulous documentation of medical rounds by MD/ARNP, exceeding 45 visits, with continuous weight monitoring and adherence to ordered protocols.
Key Evidence Presented
- The skilled nursing facility's charts revealed detailed records of MD/ARNP rounds, including weight assessments and adherence to prescribed lab work.
- This evidence demonstrated proactive monitoring and adherence to medical orders, countering allegations of negligence.
- Further studies referenced had proven a linage in natural tendencies towards multiple health-related issues throughout the patient's tenure at the facility through the COVID-19 Pandemic.
Final Decision and Judgement
- The defense emphasized compliance with legal standards and highlighted the proactive measures taken by the MD/ARNP in managing the resident's condition in real-time. This approach effectively refuted claims of negligence and underscored the commitment to patient care.
- The court's decision aligned with the defense's arguments, recognizing the proactive medical oversight and dismissing claims of negligence.
Predicting the Future
- This victory reaffirms the commitment to defending against frivolous claims and collaborating with skilled nursing facilities to uphold medical standards.
About QPWB
Quintairos, Prieto, Wood & Boyer, P.A., is the largest minority and women-owned law firm in the nation with jurisdiction in 45 states and territories in the U.S. allowing us to serve a broad spectrum of industries with over 100 areas of practice. Our lawyers provide representation for businesses and their leaders in litigation, regulatory, and corporate matters.