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Verdict in Excess of $42 Million in Nursing Home Dehydration Death after Nine Days in Facility

December 06, 2010

The nursing home industry has been rocked by large verdicts in recent months for abuse and neglect of elderly residents. A $42.75 million jury verdict in a case involving a 92 year old man who died of dehydration and malnutrition after only nine days in the facility may be the most appalling of these recent cases. The man was a former WWII veteran and had been very active until a stroke when he was 90. In a case that shocks the conscience, the man was dehydrated, malnourished and his body riddled with bedsores when he arrived at a hospital and died just nine days after being admitted into the nursing home. While this case is particularly shocking, unfortunately this is not an isolated problem; nursing home abuse and neglect is a serious problem.

Elderly nursing home abuse residents can be particularly vulnerable to abuse and neglect because it has been estimated that 66 percent of nursing home residents suffer from Alzheimer's disease or other cognitive problems that severely limit their ability to take care of themselves or be aware that abuse is occurring. At Montlick and Associates, Attorneys at Law, we help elderly residents of nursing homes who suffer abuse or neglect throughout the Atlanta area and ALL of Georgia.

Serious nursing home neglect like that in the recent wave of cases with large jury verdicts may result from a number of causes, but lack of adequate staffing or training of staff are among the most serious problems. A survey of those who work as care providers in nursing homes reveals that 85% of such elderly care workers believe that staffing shortages are the primary cause of neglect and abuse. Nursing homes frequently do not adequately staff a facility or cut corners on screening or training staff so that they can increase their profit margin. When a nursing home engages in such egregious conduct, the result is often the death or serious injury of an elderly nursing home resident. Hopefully, the recent wave of large verdicts involving elderly abuse and nursing home neglect cases will send a message that if nursing homes assume the care of a loved one they are expected to provide adequate care. The Kentucky jury awarded $40 million in punitive damages, which are designed to punish and deter particularly egregious and offensive conduct.

If you must entrust the care of a loved one to a nursing home facility, it is very important to check out the nursing home's licensing, training, violations and monitoring standards. You should visit your loved one frequently, especially in the early period, going to ensure that your loved one's hygiene, nutrition and medical needs are being met properly. The recent case shows how quickly a loved one can decline in a nursing home if one is not careful in making a selection and monitoring their loved one's condition. Although our attorneys would prefer never to see such abuse or neglect occur, we know that sometimes despite the best efforts of one's family cases like this one can happen.

If you or someone you love has suffered elder abuse or nursing home neglect, the Georgia nursing home neglect lawyers at Montlick and Associates can help. Our dedicated, hard-working and compassionate attorneys have been helping families for over 39 years. We are available to assist clients throughout all of Georgia, including but not limited to Albany, Athens, Atlanta, Augusta, Columbus, Dalton Gainesville, Macon, Marietta, Rome, Roswell, Savannah, Smyrna, Valdosta, Warner Robins and all smaller cities and rural areas in the state. Call us today for your free consultation at 1-800-LAW-NEED (1-800-529-6333), or visit us on the web at No matter where you are in Georgia, we are just a phone call away, and we will even come to you.

Category: Montlick Law

Please Note:
All information provided by our blogs is general in nature and should not be relied upon as legal advice. Consult a Montlick attorney for details about your unique situation.