Facts

Jane Doe, 92 years old, was admitted into Defendant's assisted living facility, on November 15, 2019.
Upon admission, resident was given a handout explaining the safety features Assisted Living Facility had. Facility protocol requires all residents to check in every morning while at the facility by pushing a button in their room. When a resident does not check in by 10:30 a.m., assigned staff are required to check records to see if the resident left the facility. If the resident has not left the facility, assigned staff are required to notify a caregiver to conduct a welfare check in-person.

Defendants' Policy and Procedure states that residents are to be checked at least once each shift unless the resident has specifically requested that they do not want to be disturbed during the night shift. The policy specifically states that the night shift is the only shift in which a resident may request not to be disturbed.

On December 1, 2019, Jane Doe got up and pushed the red button in her room at 6:13 a.m. signaling that she was up and okay. Some time between December 1, 2019 in the late afternoon and before 10:00 a.m. on December 2, 2019, Jane Doe fell in her room and fractured her left hip. She was not able to push the check-in button on December 2, 2019. No welfare checks were conducted on December 2, or December 3. No staff checked on her on any shifts.

Jane Doe laid on the ground for 3 days without any food, water, or medication, waiting for staff to check on her. On December 4, 2019, realizing staff may never come, and she may die if she couldn't get help, Jane Doe scooted herself across the floor to the phone to call for help. Jane Doe was transported to the hospital and underwent left hip hemiarthroplasty.

PLAINTIFF'S CONTENTIONS: Plaintiff contends that Defendants failed to follow their protocol to conduct welfare checks on Jane Doe after she did not push the check in button, and failed to do safety checks each shift per their policy and procedure.

DEFENDANT'S CONTENTIONS: Defendant contends that since she was an independent resident she did not require to be checked on each shift.

Specials in Evidence

Meds: $105,147

Injuries

Plaintiff sustained a left femoral neck fracture from the fall, delayed medical treatment for the fracture, and permanent impaired mobility

Result

The case settled for $2,000,000.