In the Courts: Medical Transporter's Insurer Need Not Indemnify Nursing Home after Resident Was Locked in Dialysis Center for Hours

January 11, 2019 | Aging Services Risk, Quality, & Safety Guidance

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In an insurance coverage action stemming from a case in which a nursing home resident was locked in a dialysis center for several hours, the U.S. District Court for the Northern District of Illinois has found that the insurer of the medical transport company that failed to pick the resident up was not obligated to indemnify the nursing home against the plaintiff's claims. In so ruling, the court granted the insurer's motion for summary judgment.

The medical transport company had a contract with the nursing home to provide medical transportation for the facility's residents. The transport company dropped the resident off at the dialysis center at 2:55 p.m. At about 7:00 p.m., following her dialysis treatment, dialysis center employees brought the resident to a waiting room. The dialysis center then closed for the day, and the resident was left locked in the building. Later in the evening, the nursing home realized the resident had not returned. The resident's daughter found the resident locked in the dialysis center. The police responded, and the building was unlocked at 11:45 p.m. The resident was brought to a...

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