Cases

Sharp v. Parkview Care Ctr., Inc., 2006 La. App. LEXIS 2128 (La. Ct. App. 2006)

Summary judgment for defendants was reversed. Resident, a stroke victim, was paralyzed on the right side including his mouth and throat. His condition interfered with chewing and swallowing. At admission, the dietician noted resident’s diet as no concentrated sweets and chop meat. Later it was changed to 1800 calorie diabetic diet, then later to chopped soft diet. In 1999, a barium swallow did not show any signs of difficulties in swallowing. In 2002, resident was alone in his room eating a sandwich when he began to choke. Resident wheeled himself into a hall, gestured for help, was found by a laundry attendant who called for nurses. Nurses administered the Heimlich and CPR until EMTs arrived. A quarter size piece of meat was removed from resident’s throat. He was transported to the hospital where he died. Defendants filed a motion for summary judgment, arguing that Plaintiff presented no evidence of a deviation from the standard of care. One of Plaintiff’s experts opined that the physician deviated from the standard of care by not continuing the chopped, soft diet. Plaintiff’s nursing expert opinioned that the nursing home breached the standard of care by failing to document the record properly to indicate resident’s difficulty in swallowing and in failing to update the plan of care to reflect this problem. The court of appeals found that these opinions raised a genuine issue of material fact.

Published by
David McGuffey

Recent Posts

Medicaid Post Eligibility Treatment of Income and Incurred Medical Expenses

After Medicaid eligibility is established, 42 C.F.R. § 435.725 addresses how income is treated. For…

7 days ago

Medicaid’s Refusal to Provide 24/7 Care in the Community Might be Discrimination

In Harrison v. Young (5th Cir. June 6, 2024), the Fifth Circuit considered Ms. Barbara…

3 weeks ago

Updates to Nursing Home Quality of Care Regulations

From time to time federal regulations covering nursing home quality of care are updated. Thus…

3 weeks ago

Federal Nursing Home Quality of Care Regulations

Nursing homes that accept Medicare or Medicaid are required to comply with quality of care…

3 weeks ago

New Article Discussing Medicaid Enrollment and Wealth Transfers

On June 11, 2024, the Gerontologist published an article on Medicaid enrollment and Intergenerational transfers…

4 weeks ago

Virtual Dementia Tour

Dementia affects more than 50 million people worldwide. The Virtual Dementia Tour is designed to…

4 weeks ago