FOR IMMEDIATE RELEASE
August 30, 2020
Contact:Eric W. Boyer, Esq.
305.670.1101 Ext. 1023
QPWB DEFENSE WINS FLORIDA NURSING HOME BINDING ARBITRATION
Nursing Home Negligence
TAMPA, Fla. ― James B. Morrison, James J. Maskowitz, and Olivia M. Mejido, attorneys from the West Palm Beach and Tampa offices of QPWB, obtained a complete defense verdict in an arbitration conducted via Zoom on behalf of a skilled nursing facility in St. Petersburg, Florida in a nursing home negligence matter.
The plaintiff alleged the nursing facility failed to provide adequate and appropriate care and supervision to a nursing resident which led to an unwitnessed fall and resulted in a displaced hip fracture. The plaintiff further alleged the unwitnessed fall caused the resident’s death four months later.
The defense successfully established through the resident’s chart and employee testimony that the resident was closely monitored behind the nurse’s station on the day in question and never suffered a fall. Expert testimony revealed the nursing staff met and exceeded the standard of care by the facility staff providing close supervision including 1:1 nursing care and specialized activities to meet the resident’s needs.
The defense was also able to show with expert testimony that the resident suffered a pathological fracture as a result of weakened bones related to the resident’s ten year history of osteoporosis.
Finally, the defense used the post facility medical records and expert testimony to establish that the resident’s death, four months later, was not caused by the hip fracture; instead, the resident’s death was “natural” and related to her pre-existing vascular dementia, congestive heart failure, and failure to thrive.
The Personal Representative for the resident’s Estate refused to provide any settlement demand or engage in settlement negotiations at any point during the litigation.
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James B. Morrison, a partner in the West Palm Beach office, focuses on nursing home defense, medical malpractice, general liability, appeals, and employment law. Before entering private practice in 2001, he was an attorney with the Florida Department of Insurance. He received his law degree in 2000 from Florida State University College of Law and served as a certified legal intern with the Agency for Health Care Administration. Mr. Morrison is admitted to practice in Florida and Mississippi and the U.S. District Court for the Southern and Middle Districts of Florida and the Northern and Southern Districts of Mississippi.
James J. Maskowitz is a partner in the Tampa office focusing on long-term care defense and general liability. He received his law degree from Florida Coastal School of Law and is admitted to practice in Florida.
Olivia M. Mejido is an associate in the Tampa office focusing on insurance defense litigation. She assists the firm’s Appellate Practice Group with litigation and dispositive motions in the lower courts and before regulatory agencies. Ms. Mejido received her law degree from Stetson University College of Law, graduating with a Certificate in Elder Law. She is admitted to practice in Florida and is fluent in written and spoken Spanish.
Quintairos, Prieto, Wood & Boyer, P.A., is the largest minority and women owned law firm in the nation with 23 offices in the U.S. and abroad across a spectrum of industries in over 40 areas of practice. Our lawyers provide representation in litigation, business, real estate and governmental law.