Jury Awards $1.4M To A Nursing Home Patient In New York

Jury Awards $1.4M To A Nursing Home Patient In New York

Introduction

A patient in an Oswego nursing home who had to have his left leg amputated below the knee received a $1.4 million award from an arbitrator.

The arbitrator ruled that the care and treatment provided to a 64-year-old man from Constantia by St. Luke Health Services, 299 E. River Road, Oswego, breached minimal requirements for nursing home care and constituted negligence.

The man was hospitalized to St. Luke in November 2019 for brief rehabilitation. St. Luke noted that he felt a pressure sore on his left heel one week later. His leg had to be amputated in the end because the pressure sore ultimately grew infected.

St. Luke was the target of the lawsuit filed in Oswego County Supreme Court in August 2020. St. Luke contested the accusations and asked for the case to be dismissed.

The plaintiff's lawyer said that before filing the lawsuit, he took special care to carefully review the pertinent medical documents to ensure that St. Luke was, in fact, accountable for what had occurred to his client. He said that he discussed the matter with a vascular surgeon, a registered nurse, and a physician with experience in nursing homes.

In March 2023, the case was scheduled to go to trial after two and a half years of litigation. Both parties allegedly consented to binding arbitration on the eve of the trial, which took place in Buffalo in early May.

The lawyer said he presented proof before the arbitration showing St. Luke had neglected to take even the most basic precautions to prevent the pressure sore on his client's heel. He claimed that St. Luke neglected to administer basic care after the sore appeared, neglected to arrange a meeting with a vascular expert, and neglected to let the attending physician know that the patient had a pressure sore on his heel.

The plaintiff was discharged from St. Luke after five weeks, despite the wound showing no signs of progress. He also left without having a vascular consultation or having his attending physician notified about the pressure sore or the fact that he was in danger of infection and amputation.

The arbitrator determined that St. Luke was irresponsible in its care and treatment and that it had violated the state's Public Health Law, which provides basic requirements for nursing home care.

For pain and suffering, past and future medical costs, and legal fees, the arbitrator awarded $1.9 million. The attorney said that because the arbitrator found St. Luke to be 75% at fault, the sum was reduced to $1.4 million.