New Jersey Appellate Court Revives Nursing Home Turn And Reposition Case

Court Revives Nursing Home Turn And Reposition Case: In its unpublished opinion dated May 4, 2022, the Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”) held: “Viewing the evidence in a light most favorable to plaintiff, there is a genuine question of material fact regarding whether—based only on one documentation per eight-hour shift—defendants actually turned and repositioned decedent every two hours to prevent the deterioration of the pressure wounds.”

“Care One alleges that Parks failed to even establish a standard of care because her opinions were based on an industry “guideline” rather than being established by an authoritative source. As a qualified expert, Parks was not required to solely point to an academic treatise to support her opinions and instead may rely on applicable industry standards as observed by her personal experience as a nurse that nursing home staff usually documented every single instance they turned and repositioned a patient.”

The Underlying Facts

Plaintiff alleged that during decedent’s several admissions to defendants’ nursing facilities from September to November 2014, he developed severe pressure ulcers due to a lack of proper nursing care. Plaintiff supplied an expert report prepared by a registered nurse that opined Care One failed to ensure decedent received proper care for bed mobility, turning and repositioning, pressure distribution, weight shifting, off-loading heels, and toileting. As a nurse herself who was personally familiar with general nursing standards accepted in the industry, she concluded that it is inadequate to document turning and repositioning once per shift for turning and repositioning that actually occurred every two hours.

The New Jersey Appellate Court stated: “Although Parks [Plaintiff’s expert] opined it was possible for nursing staff to administer the proper care and fail to document it every two hours, it is for the jury to determine whether there was a deviation from accepted standards by considering all the evidence, including the testimony of staff who administered the care to decedent or decedent’s family who may have witnessed the care. And the jury is responsible for determining whether those witnesses are credible when there is inadequate documentation. Thus, genuine issues of material fact remain and preclude summary judgment.”

Source Valentine v. Care One at Moorestown, LLC, Docket No. A-2267-20.

If you or a loved one suffered injuries (or worse) while a resident of a nursing home in New Jersey or in another U.S. state due to a nursing home fall, nursing home aspiration, nursing home neglect, nursing home negligence, nursing home abuse, nursing home under-staffing, or the nursing home failing to properly care for a vulnerable adult, you should promptly find a nursing home negligence lawyer in New Jersey or in your state who may investigate your nursing home claim for you and file a nursing home claim on your behalf or behalf of your loved one, if appropriate.

Click here to visit our website to be connected with medical malpractice attorneys (nursing home claim attorneys) in your U.S. state who may assist you with your nursing home claim, or call us toll-free in the United States at 800-295-3959.

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This entry was posted on Sunday, July 10th, 2022 at 5:29 am. Both comments and pings are currently closed.

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