KNR Legal Blog
We rely on hospitals and other facilities to care for us and our loved ones when we are at our most vulnerable. However, if this care causes injury or even death, it is important to speak with a qualified lawyer, who can explain your rights and help determine liability. Not long ago, a 47-year-old woman with several serious medical conditions including Down Syndrome tragically lost her life after choking on solid food that was served to her in the cafeteria of the development center that she attended. The woman’s family was obviously despondent after their loved one’s wrongful death and they came to KNR for counsel.
The attorneys with KNR began reviewing the incident and it became apparent that the woman’s caregivers had faxed over dietary orders to the development center advising that she only be allowed a mechanical soft diet. The faxed orders were found in the woman’s medical chart at the center after her death, but they were unfortunately never relayed to the dietary kitchen. A nurse at the center, whose duty it was to relay the information to the kitchen, denied receiving the fax; however, the determined and zealous attorneys with KNR hired a handwriting analyst who concluded that writing that appeared on the faxed orders belonged to the nurse. Once this fact was presented during the mediation process, a $280,000 settlement was reached for the victim’s sole beneficiary.
Individual results may vary based on the facts, injuries, jurisdiction, venue, witnesses, parties, and other factors.