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Article #369: Case Study: Nursing Home Injury to Alzheimers Resident

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






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