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