Legal Eagle Eye Newsletter for the Nursing Profession (6)2 Feb 98
Quick Summary: The residents physician did not order her restrained during the day, and the nursing homes policy was not to restrain a resident without a physicians order.
Although the resident was injured while a resident in a nursing home, her plaintiffs attorneys who filed the lawsuit submitted no meaningful evidence how the nursing homes supervision was negligent.
The defendant nursing home was entitled to present evidence that the residents hospital discharge summary listed her as "able to ambulate." NEW YORK SUPREME COURT, APPELLATE DIVISION, 1997.
A jurys verdict of no negligence in favor of a nursing home was upheld recently over objections from the residents family that the verdict was contrary to the evidence.
The court record in the New York Supreme Court, Appellate Division, did not indicate how the resident had sustained the injuries that led to the lawsuit.
However, the court was not persuaded of any unfairness in the jury process in this trial. Thus there were no grounds to review the evidence to try to second-guess the jury.Abrahams vs. King Street Nursing Home, Inc., 664 N.Y.S. 2d 479 (N.Y. App., 1997).