Plaintiff was the middle-aged daughter of an elderly woman who she claimed was severely neglected while in a nursing home. She claimed neglect against the nursing home and also, more significant neglect by her mother’s physicians who refused to come to her mother’s aid when the nursing home called the doctors for medical intervention.
In the litigation, the nursing home defended itself by stating the plaintiff’s mother was on a downhill course and would have died with even the best of treatment. Plaintiff’s mother’s doctors defended themselves by stating that they provided more than adequate care since State regulation only calls for doctors to visit the nursing home once a month and defendant doctors visited the home on a far more frequent basis.
Winer, Burritt & Scott, LLP, retained multiple expert witnesses from various medical specialties to establish that the overall care was extremely neglectful and, in fact, constituted “gross neglect” which entitled plaintiff to elder abuse remedies above the California medical malpractice limitations.
RESULT:
Settlement on behalf of plaintiff, $525,000