On July 8, 2019, IADC members Gordon Sproule and Jennifer Segers, along with fellow colleague Alex Parish of Huie, Fernambucq & Stewart, secured a defense verdict on behalf of a long-term care facility in a medical malpractice case that was tried before an arbitrator in Jefferson County, Alabama.
The personal injury action was brought by the estate of a nursing home resident who sustained bilateral ankle fractures while a resident at the nursing home. Prior to the fracture diagnosis, the resident had been in and out of the hospital for treatment for a chronic condition. The resident also suffered from severe osteoporosis. Plaintiff claimed the fractures were a result of the Defendant’s alleged negligence. However, during the three-day trial, Plaintiff did not establish any negligent act on the part of the Defendant or any breach of the applicable standard of care. Defense counsel proved that no expert could opine that the injury occurred in the facility. The expert nursing testimony established that the resident could sustain the injuries even under the best of care. Thus, the Arbitrator returned a verdict for the Defendant long-term care facility.