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Defense Verdict in Nursing Home Attending Malpractice Case

August 25, 2009

Dan McGrew obtained a defense verdict in a medical malpractice case against a nursing home attending physician in Upson County. Plaintiffs alleged that the attending physician failed to properly care for his elderly patient’s decubitus ulcers. Plaintiffs contended that improper wound care allowed the decubitus ulcers to deteriorate and become infected, resulting in overwhelming sepsis and death. Plaintiffs further contended that the physician violated the standard of care in not inserting a feeding tube in the patient during her final months of life. The jury found in favor of the nursing home attending physician on the basis that the evidence demonstrated that the nursing home patient suffered from advanced multi-infarct dementia and end-stage Alzheimer’s disease, which had progressed to a terminal stage at the time of the patient’s death. The evidence further demonstrated that the actual cause of death was an overwhelming urinary tract infection that led to the sepsis, as opposed to infected decubitus ulcers. After deliberating less that five minutes, the jury found that the nursing home attending’s care over a six year period complied with the standard of care.

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For informational purposes only. Past success does not indicate the likelihood of success in future cases.