Beach | Whitman | Cowdrey, LLP Wins Binding Arbitration

Lucken v. Royal Oaks Convalescent  

 Plaintiff’s claims against defendant nursing home and primary treating doctor involved allegations of nursing neglect, ultimately resulting in the death of the patient. The plaintiff was the daughter of the decedent and contended that defendant’s conduct caused the decedent to suffer numerous decubitus ulcers, episodes of aspiration pneumonia, dehydration, acute renal failure and death. To support her position, plaintiff relied upon her own personal observations, expert review of the medical records and survey results from the Department of Public Health. The arbitration was heard by a three-panel group. Prior to the presentation of evidence, Beach Whitman Cowdrey attorneys Rebecca Lowell & Tom Beach successfully eliminated the wrongful death claim based upon the statute of limitations. The arbitration proceeded to verdict on the elder neglect claim. The defense prevailed on this cause of action. By a 2-1 margin, the arbitrators determined that the plaintiff had not met her burden of proof on the issues of neglect by the nursing staff or authorization or ratification by a managing agent.