Case Study: Nursing Home Injury to Alzheimers Resident

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