A blatant case of nursing home abuse resulted in a jury verdict of nearly a million and a half dollars against a Connecticut-based nursing care facility.
On July 29, 2004, Margaret Miller was admitted to Darien Health Care. She had fractured ribs as a consequence from an automobile accident. At Darien, while needing assistance to use the restroom, her repeated calls to the nurses went ignored. As a result of this negligence, Ms. Miller slipped and sustained additional injuries. A fractured hip and shoulder on her right side caused her to be rushed to an emergency room at Norwalk Hospital. The orthopedic department determined surgery to be the most viable option to heal these injuries. Regrettably there were complications from the surgery. These complications would lead to her untimely death in the incredibly short period between July 29th and August 4th of 2004.
It was argued in the case that because Margaret Miller was 80 years old, she couldn’t have been expected to live long anyway. The plaintiff’s attorney counter-argued that standard operating procedures were not observed at the health care facility when Margaret Miller had initially been admitted. If these procedures had been conducted properly, her tragic accident might have been prevented. “Of course not every fall can be prevented,” said Eric P. Smith, attorney for the plaintiff, “but standard practices of care dictate that skilled nurse professionals should assess new patients and provide appropriate care. Miller was virtually left alone in a room for several hours, her calls seemingly ignored. This is what led to her fall and truly an undignified death that she did not deserve. I am glad that the jury could recognize that and I hope, with the five-year anniversary of Ms. Miller’s death upon us, her family can now gain some peace.”
Five years to the day after this nightmare of a trial began, the jury in Karen P. Smith, Administrator of the Estate of Margaret Miller vs. Darien Health Care Center and 599 Boston Post Road Operating Company II, LLC awarded the plaintiff one million and four hundred fifty thousand dollars in compensation. Even with this amount of money nothing can ever replace the loss of a loved one to unwarranted negligence.
Alexandra Reed writes for Connecticut personal injury law firm, Stratton Faxon.
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