| On February 6, 2003, 87 year-old Harold | | | | After Mr. Scharfs caretakers discovered that |
| Scharf* was transferred to the residential | | | | he had fractured his hip, they confronted the |
| care facility in Bothell, Washington. Mr. | | | | care facility and its owner. They learned |
| Scharf had been previously diagnosed with | | | | that Mr. Scharf had been dropped, although |
| dementia and Alzheimers disease. He was | | | | the owner gave differing accounts of what |
| considered a risk for falling. The | | | | happened. They immediately contacted DSHS to |
| residential care plan specifically stated | | | | report the incident. |
| that he was to be assisted with two persons | | | | |
| while walking or being transferred. | | | | DSHS conducted an investigation and found |
| | | | that the care facility violated its own care |
| On the first day Mr. Scharf was admitted, the | | | | plan and failed to promptly notify the agency |
| staff left him unattended while sitting on | | | | and the residents family members when Mr. |
| the bed. One staff member attempted to move | | | | Scharf was dropped. The care facility was |
| Mr. Scharf and he was dropped onto the floor. | | | | issued a citation. |
| | | | |
| The Washington State Department of Health and | | | | Mr. Scharf incurred medical bills of |
| Social Services requires a residential care | | | | approximately $65,000, although this was |
| facility to report any injuries to a | | | | disputed by the defendants. Most of this |
| resident. Despite this requirement, the | | | | expense was paid by Medicare. However, Mr. |
| facility failed to report that Mr. Scharf was | | | | Scharf is required to reimburse Medicare for |
| dropped onto the floor. | | | | this expense out of his settlement recovery |
| | | | proceeds. |
| Over the next several days, Mr. Scharfs | | | | |
| personal caretaker noticed that he was acting | | | | Mr. Scharf is now 90 years old. He has made a |
| unusual and that he would wince in pain with | | | | near full recovery. Unfortunately, his |
| certain movements. About five (5) days later | | | | Alzheimers condition has worsened. He has no |
| the caretaker noticed bruising on Mr. | | | | memory of his prior injury. He now uses a |
| Scharfs right hip and leg. She demanded that | | | | wheelchair and walks occasionally with the |
| he be taken to the hospital. | | | | assistance of a walker and his personal |
| | | | caretaker. |
| The ER staff at a nearby hospital in Bellevue | | | | |
| could not determine what was wrong with Mr. | | | | Initially the facility made no offer to |
| Scharf, that is, until X-rays were taken of | | | | settle the case. After Mr. Scharf's family |
| his legs and hips. These showed that Mr. | | | | hired me to represent them we were able to |
| Scharf had suffered a fractured to his right | | | | negotiate a $250,000 settlement. |
| hip. He then underwent emergency surgery. Mr. | | | | |
| Scharf spent 6 weeks in a rehabilitation | | | | *Some names have been changed to protect our |
| facility. | | | | clients privacy. |
| | | | |