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February 3, 2009
Defense Award Obtained in a Nursing Home Malpractice Case

Richard Tynan recently obtained a defense arbitration award in a nursing home malpractice case. The 77-year-old male plaintiff alleged that the nursing home staff did not provide adequate fall prevention measures and that the staff failed to insure that the bed alarm was properly functioning. In addition, the plaintiff claimed that the staff did not assist him to the bathroom in a timely fashion. The claimant sustained a fractured hip as a result of a fall, and he underwent hip repair surgery and rehabilitation. The case went to binding arbitration with a single arbitrator. The arbitrator found that the defendant’s actions and/or inactions did not cause the plaintiff’s fall. The arbitrator returned his award in September 2008.

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Richard C. Tynan
Medical Malpractice