Dallas-Hub attorneys Joffrey K. Van Nostrand and Frank Alvarez successfully demonstrated their client provided proper care and the plaintiff's condition worsened due to her own actions. They argued the negligence claims were filed too late and lacked evidence of fraudulent concealment, leading the court to grant the Motion for Summary Judgment and dismiss all claims against the client, as well as third party claims brought in the case.

Overview of the Case

• Our firm represented a home health agency accused of negligence in the care of a resident at an assisted living facility.
• Despite providing skilled nursing and therapy services, the resident's condition worsened, leading to hospitalization and surgery.
• Initially, the Plaintiff sued the assisted living facility, which then filed a third-party complaint against our client.
• The Plaintiff later amended their complaint to include negligence and fraudulent concealment claims against our client.

Key Difference-Makers

• Joffrey K. Van Nostrand – Associate
• Frank Alvarez - Managing Partner
• Roseann Gonzales - Legal Assistant

Claims Made Against our Client

• The Plaintiff argued our client was negligent in the care and treatment provided by their nurses.
• Specific claims included:

  • Negligence: Failure to refer the resident to a higher level of care, which allegedly caused the wound to worsen.
  • Fraudulent Concealment: The Plaintiff claimed our client concealed the severity of the resident's wound from her and her daughter, who held medical power of attorney. It was alleged this concealment delayed necessary treatment and caused additional harm.

• To circumvent the statute of limitations, the Plaintiff argued our client had fraudulently concealed the resident's medical condition and records, which would toll the statute of limitations.

Defensive Strategy

• The defense relied on comprehensive medical records to show our client provided excellent care and the resident's condition resulted from her own actions.
• Key points included:

  • Following physician orders diligently.
  • Documentation and testimony proving regular updates were provided to the resident's daughter.
  • Highlighting the lack of a physician expert on the Plaintiff's side.

Impact on Final Outcome

• Our client was highly engaged and cooperative, and the nurses provided excellent testimony.
• The defense team’s strong working relationship with the Defendant facility's attorney was crucial, enabling us to effectively refute the Plaintiff's claims for negligence.
• The comprehensive and well-maintained medical records were pivotal in demonstrating our client's appropriate care and showing the resident's condition worsened due to her own actions.
• These combined efforts allowed the defense to present a compelling case, resulting in the Court granting our Motion for Summary Judgment.
• All claims against our client and the third-party claims filed by the Defendant facility were dismissed, demonstrating our firm's commitment to thorough preparation, effective collaboration, and strong legal defense.

Predicting the Future

• This outcome highlights our firm’s commitment to achieving positive results through thorough preparation and understanding of all case details.
• It underscores our expertise in applying relevant statutes and case law effectively, reinforcing our dedication to providing an aggressive, effective, and efficient defense for our clients.

About QPWB

Quintairos, Prieto, Wood & Boyer, P.A. is the largest minority and women-owned law firm in the nation with jurisdiction in 48 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.