QPWB's diligence to fight unjust claims wins again for a nursing home client determined to push back on a heavily plaintiff-favored system and claims. The Plaintiff leveled a claim of negligence stating that the facility failed to prevent respiratory distress leading to the untimely death of their 93-year-old family member who had been admitted for rehabilitation after hip surgery due to a fall at home which was claimed to be unrelated to his death. QPWB partner James B. Morrison masterfully turned the plaintiff's expert testimony to gain a massive defense verdict for the client.

High-Stake Allegations

• On the day prior to the resident's sudden cardiac arrest, he developed a cough. The facility had alerted a physician and followed orders for an x-ray and antibiotics, suspecting pneumonia.
• On the morning of the resident's last day, he conversed with his family. Around 10 a.m., during a non-emergency transfer, a doctor found the resident in distress and unresponsive. He had suffered a cardiac emergency.
• Initially, the Plaintiff's experts contended that the facility should have dialed 911 the previous night after an x-ray showed possible pneumonia; and that the nursing staff failed in their duty by leaving the resident alone for an hour without dialing 911.

Meticulous Examination Records and Expert Testimony Flipped the Script

• No evidence showed the resident being in respiratory distress during the week leading up to the event.
• The facility upheld the standard of care by reporting the change and executing orders related to the pneumonia.
• The resident's death was attributed to a heart attack, exacerbated by his existing conditions, rather than respiratory distress.
• The resident's vital signs and notes revealed no signs of distress or deteriorating health before the event.
• The plaintiff's claim that the cough had been present for a week was refuted by a thorough analysis of nursing and physician notes.

QPWB Successfully Discredited Plaintiff's Experts

• Gained admission from the plaintiff's expert the resident showed no signs of distress when pneumonia was suspected.
• Confirmed through expert testimony that pneumonia is regularly treated within nursing homes.
• Proved that their insistence on dialing 911 without a clear medical emergency was inconsistent with standard nursing home operations and treatment plans.
• Highlighted that the experts no longer work in long-term care and demonstrated that their opinions lacked objective evidence.

Dedication and Diligence to Achieve Client Objectives Wins

QPWB and James B. Morrison's steadfast commitment to the facts and thorough examination of all records allowed us to confidently represent our client's request to push back against frivolous claims. By dispelling the Plaintiff's claims and consistently asserting the proper care provided by the facility, we successfully advocated for our client's position and took the case to full arbitration. Our client, refusing to settle for unjustified claims, stood by the facility's dedicated and professional care provided to the resident.

Predicting The Future

Nursing home clients who experience elevated and frivolous claims can trust QPWB to go to bat for them to achieve even the most unexpected defense verdicts.