A $9 million nursing home neglect lawsuit has been filed by a man who alleges the facility staffers repeatedly ignored his pleas of a painful catheter infection until it became so bad, surgeons were ultimately forced to remove his penis.
The 60-year-old man alleges the staff at the nursing home in Oregon City, Ore. committed gross negligence in failing to take swift action when he complained of pain. The infection became so serious, it led to gangrene and, ultimately, life-threatening septic shock.
According to news reports of the case, the man was admitted to the nursing home to recover from a kidney infection. This was in December 2013. But almost as soon as he arrived, he began to complain to staffers about pain and bleeding around the catheter area. However, staff at the center did nothing to address the problem.
By the following month – 25 days after he was admitted to the nursing home – he checked himself out of the nursing home against the advice of staff. From there, he went directly to a local hospital. At that location, he was immediately diagnosed and treated for sepsis. He nearly died.
In addition to enduring a penis amputation, the man also suffered from diastolic heart failure, breathing problems, anemia and kidney damage.
He has since filed a nursing home negligence lawsuit against the nursing home, its parent company and two registered nurses who were in charge of his care. Those nurses had their licenses revoked by the state nursing board for their treatment of another man. The nurses are appealing that decision.
Interestingly, a representative from the nursing home in this case appears to have admitted at least some degree of liability. When contacted by a reporter about the lawsuit, the company issued a statement apologizing to the man. Further, the company official said it reviewed its internal systems to have a better understanding of what happened, and has learned from the mistakes that were made. The company says it strives to deliver better services, and it takes this issue very seriously. This case was a “rare instance,” the company stated, in which its staffers “fell short.” The statement went on to say that what the plaintiff endured was “terrible,” and that it is “deeply sorry” for what happened to him. It wished him and his family well.
To date, the man alleges he has racked up some $2 million in medical expenses and lost wages, as well as other economic damages. That figure is likely to rise well into the future. He is additionally seeking $6 million for pain and suffering, while his wife is seeking $1 million for loss of consortium, which is a type of loss suffered by a spouse when their loved one is no longer able to engage in the same type of relationship they once had due to the injury.
Given that the nursing home has essentially conceded liability well in advance of trial, it’s probable this case will settle out-of-court before it reaches the trial phase. If it does go to trial, it’s likely the issue of whether damages will be paid will be less central than how much.
Call Freeman Injury Law — 1-800-561-7777 for a free appointment to discuss your rights. Now serving Orlando, West Palm Beach, Port St. Lucie and Fort Lauderdale.
Man’s penis amputated after gangrene sets in, $9 million lawsuit filed against nursing home, Sept. 3, 2015, By Aimee Green, The Oregonian Live
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Large Nursing Home Owner Sued for Neglect, in Regulator Cross Hairs, Sept. 3, 2015, Fort Lauderdale Nursing Home Abuse Lawyer Blog