27 February, 2024

Malnutrition & Unplanned Weight Loss Claims Ruled Out By Jury Decision in Skilled Nursing Facility Defense Verdict


In: Verdicts


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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

  1. The case involved a resident with morbid obesity and respiratory failure who was placed on Lasix for edema.
  2. 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

  1. Deviations in the standard of care regarding weight loss.
  2. Deviations in the standard of care regarding malnutrition.
  3. Both resulting in increased confusion and weakness, and the Plaintiff becoming bed ridden.

Key Defense Strategies

  1. 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.
  2. 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

  1. The skilled nursing facility's charts revealed detailed records of MD/ARNP rounds, including weight assessments and adherence to prescribed lab work.
  2. This evidence demonstrated proactive monitoring and adherence to medical orders, countering allegations of negligence.
  3. 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

  1. 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.
  2. The court's decision aligned with the defense's arguments, recognizing the proactive medical oversight and dismissing claims of negligence.

Predicting the Future

  1. 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.

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