In the Courts: Assisted-Living Staff Tell Son His Mother Was Found Sleeping on the Floor, but He Finds a Gash on Her Head and Bruises on Her Body

April 5, 2019 | Aging Services Risk, Quality, & Safety Guidance

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​An assisted-living resident was found sleeping on the floor and had only a rug burn on her head, her son was told. But when the son arrived at the hospital, he found his mother had a gash on her head and multiple bruises on her body. In a lawsuit against the assisted-living facility and related defendants, the U.S. District Court for the District of Connecticut declined to grant the defendants' motion to dismiss. The court held that the opinion letter the plaintiffs submitted, which was written by a gynecologist, met state certificate-of-merit requirements.

The resident moved into the assisted-living facility in 2016. At that time she was social and could communicate coherently, but she had started having memory problems. In January 2017, because she wandered and required more...

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