$525,000 - Settlement - Nursing Home Negligence
Care facility failed to address resident's bedsores, estate alleged

Case: Salvatore Patane for the Estate of Elisa Patane v. St. Teresa's Nursing Home Inc, No. 154/05
Venue:Orange Supreme, NY
Judge: Lewis J. Lubell
Date: 05-02-2006

PLAINTFF (S)
Attorney: Robert A. Hyman; Law Office of Hyman & Platt, P.C.; Pleasantville, NY, for Estate of Elisa Patane
Expert: None

DEFENDANT (S)
Attorney: Elizabeth Holmes; O'Connor, McGuinness, Conte, Doyle & Oleson; White Plains, NY, for St. Teresa's Nursing Home, Inc.
William R. Watson; O'Connor, McGuinness, Conte, Doyle & Oleson; White Plains, NY, for St. Teresa's Nursing Home, Inc.
Expert: None
Insurer: Medical Liability Mutual Insurance Co.

Facts: On Oct. 7, 2002, plaintiff's decedent Elisa Patane, an 87-year-old woman whose medical history included dementia, heart failure and hypothyroidism, became a resident of St. Teresa's Nursing and Rehabilitation Center, in Middletown. The nurses evaluated Patane's medical condition and determined that she bore a "moderate" risk of the development of decubitus ulcers. Shortly thereafter, they noted that she was exhibiting a poor appetite. Patane did not speak English, so the nurses could not easily ascertain her condition.
During her first two weeks in the nursing home, Patane's hydration and nutrition levels continually diminished. Within weeks, she began to develop decubitus ulcers, which eventually became infected and degraded to stage-IV decubitus ulcers.

On Dec. 30, 2002, Patane suffered an episode of unresponsiveness. She was transported to a hospital, where doctors determined that she was suffering malnutrition, dehydration, sepsis and stage-IV infected, necrotic decubitus ulcers that occupied her sacrum, her left heel and the upper portion of her right thigh. She also was suffering drainage of fistulas that occupied her bowel and colon. Her infections were addressed via the administration of intravenous antibiotics, and her residual pain was addressed via the administration of Percocet and morphine. She died Jan. 11, 2003. Her death was determined to be a product of sepsis that stemmed from decubitus ulcers.

One of Patane's sons, Salvatore Patane, acting individually and as administrator of his mother's estate, sued the nursing home. The plaintiffs alleged that the home's staff failed to provide adequate, appropriate nursing and medical care and supervision. They further alleged that the staff's failures constituted gross negligence, medical malpractice and violations of the New York State Public Health Law and the New York Codes, Rules, and Regulations.

Plaintiffs' counsel claimed that Patane's medical condition indicated that she bore a "high" risk of the development of decubitus ulcers. Thus, he contended that the staff failed to completely identify her risks and establish goals for her treatment. He also contended that the home did not maintain a resident-assessment protocol that addressed the treatment of decubitus ulcers, the use of pads and cushions that help prevent the formation of decubitus ulcers, and the repositioning of patients who suffer decubitus ulcers. He argued that the ulcers were not properly treated and that the subpar treatment constituted violations of New York State Public Health Law §§ 2801-d and 2803-c and New York Codes, Rules, and Regulations Title 10, Parts 415(c)(1) and 415(c)(2).

Plaintiffs' counsel further claimed that Patane's nutritional health had been relatively good, but that the home's staff failed to properly monitor and maintain her levels of hydration and nutrition. He contended that Patane was regularly visited by her family and health-care proxy, but that the staff failed to disclose that Patane's appetite was dwindling. He also contended that the staff failed to ascertain her culinary preferences. He argued that the improper nutritional care constituted violations of New York Codes, Rules, and Regulations Title 10, Parts 415.11(3)(ii) and 4515.12 (j).

Plaintiffs' counsel also claimed that Patane's family was never told that Patane had developed decubitus ulcers or that the ulcers had become infected. Thus, he argued that the family was not given an opportunity to intercede and provide alternate medical care.

Defense counsel contended that the staff's actions did not contradict accepted standards of care and that they did not violate the New York State Public Health Law and the New York Codes, Rules, and Regulations. They also contended that Patane's nutrition was acceptably maintained via the administration of protein supplements.

Injury: Patane suffered malnutrition, dehydration, sepsis and infected, necrotic decubitus ulcers that occupied her sacrum, her left heel and the upper portion of her right thigh. She also suffered drainage of fistulas that occupied her bowel and colon. Her infections were addressed via the administration of intravenous antibiotics, and her residual pain was addressed via the administration of Percocet and morphine. However, the estate claimed that the sepsis ultimately claimed her life. Patane died Jan. 11, 2003, at age 87. She was survived by two adult sons. The estate sought recovery of wrongful-death damages that included damages for about seven weeks of Patane's conscious pain and suffering.

Verdict Information: The parties agreed to a $525,000 pretrial settlement. The agreement also specified that the home would establish new guidelines that would address the care and treatment of decubitus ulcers.