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Case Study: Nursing Home Injury to Alzheimers Resident

On February 6, 2003, 87 year-old HaroldAfter Mr. Scharfs caretakers discovered that
Scharf* was transferred to the residentialhe 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 withthat Mr. Scharf had been dropped, although
dementia and Alzheimers disease. He wasthe owner gave differing accounts of what
considered a risk for falling. Thehappened. They immediately contacted DSHS to
residential care plan specifically statedreport  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, theplan and failed to promptly notify the agency
staff left him unattended while sitting onand the residents family members when Mr.
the bed. One staff member attempted to moveScharf was dropped. The care facility was
Mr. Scharf and he was dropped onto the floor.issued  a  citation.
The Washington State Department of Health andMr. Scharf incurred medical bills of
Social Services requires a residential careapproximately $65,000, although this was
facility to report any injuries to adisputed by the defendants. Most of this
resident. Despite this requirement, theexpense was paid by Medicare. However, Mr.
facility failed to report that Mr. Scharf wasScharf 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 actingMr. Scharf is now 90 years old. He has made a
unusual and that he would wince in pain withnear full recovery. Unfortunately, his
certain movements. About five (5) days laterAlzheimers 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 thatwheelchair 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 ofsettle 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 rightnegotiate  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.



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