Case Summary

The following case summary is a nursing home negligence case we have personally handled and litigated. It is provided for illustrative and informational purposes only, and is not meant to offer legal advice take the place of consultation with a qualified attorney with the requisite expertise and experience in these matters. These cases are only a sampling of the actual cases we have handled. While some cases may be similar, each case involves unique parties and specific facts, and the application of those facts to the controlling law may differ significantly depending upon the circumstances. No results or outcomes can be guaranteed in any case.

Brian V.

Brian V., a 42-year-old severely mentally handicapped man, was a patient in a nursing home in Barbourville, Kentucky. His medical history included a history of seizures approximately twice a month, and he required assistance with almost all activities of daily living, including eating. He was left alone during the middle of eating his breakfast one morning, and when the nurse’s aide returned, the patient had choked to death. A lawsuit was filed by the man’s estate in Knox County, Kentucky, where deposition testimony established that the patient had been left alone with his breakfast for almost an hour. A lawsuit was filed in Knox County, Kentucky, and the case settled for a confidential amount prior to trial.