The plaintiff alleged that the defendant nursing home was negligent in monitoring the decedent who suffered from with traumatic brain injury, which resulted in his death from ingesting foreign objects. The items ingested included catsup packets, paper toweling, candy wrappers and plastic bags.
The 36-year-old deceased had sustained a traumatic brain injury as a result of an earlier automobile accident. His wife consequently had him placed in the defendant nursing home facility. The wife chose the facility because it touted 24- hour supervision of its residents. The wife advised the defendant facility that three weeks prior to the admission date, the decedent had ingested five cracker packages with the wrappers. The plaintiff alleged that the defendant was aware of the decedent's propensity to ingest foreign objects and failed to take appropriate action to properly monitor the decedent to make sure that he was not ingesting any foreign objects.
The autopsy report indicated that the decedent's cause of death was ingestion of foreign objects within 24 hours of his death, combined with mechanical obstruction of the GI tract due to the presence of foreign objects. The plaintiff brought suit, alleging that the defendant facility was negligent in failing to properly monitor the decedent in light of his propensity to ingest foreign objects and his past history.
The defendant denied the allegations and disputed the plaintiff's allegations of negligence. The defendant was unable, however, to present the decedent's caregiver and his entries were missing from the decedent's file.
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Last updated on Sep-15-10