Stratton Faxon Attorney Eric P. Smith decries negligent death of elderly woman.
Connecticut’s firm for trial law, Stratton Faxon, helped to win Karen Smith’s case of negligence at Dairen Health Care Center. Her mother had been admitted there after suffering from fractured ribs caused by a minor automobile accident. Less than a week after her admission she died. A jury awarded a $1,450,000 verdict to the plaintiff, Karen P. Smith, Administratrix of the Estate of Margaret Miller, against the Darien Health Care Center and 599 Boston Post Road Operating Company II, LLC.
Margaret Miller repeatedly called to the nurse’s station because she required assistance in going to the restroom. These calls were ignored by the health care facilities’ staff. Having given up on waiting for help from the nurses, Ms. Miller attempted to use the restroom on her own accord. Before she made it she slipped, further injuring herself by breaking her hip and shoulder.
At Norwalk Hospital, where Ms. Miller was taken after her fall, the orthopedics department deemed it necessary to operate on these injuries. During surgery major complications arose. Due to these complications, Ms. Miller died.
While in trial it was argued by the defense that their client was not neglectful, it was Ms. Miller who was at fault for attempting to use the restroom on her own. It was also argued that due to the fact that she was 80 years old, her life expectancy was already shortened.
Eric P. Smith, of Stratton Faxon, provided some observations in retrospect. “Of course not every fall can be prevented, but standard practices of care dictate that skilled nurse professionals should assess new patients and provide appropriate care. Ms. Miller was virtually left alone in a room for several hours, her calls for help seemingly ignored. This is what led to her fall and truly an undignified death that she did not deserve. I am glad 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.”
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