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Landmark Case 25 Medical Malpractice

Medical Malpractice

Settlement: $100,000
Attorneys: Charles Cooper/Robert Schall
Facts: On March 30, 2004, a 77-year-old woman with a known history of semi-paralysis and susceptibility of falling, was a participant in an adult day care at a large Philadelphia nursing home when an employee of the Defendant-nursing home seated the Plaintiff on the toilet and left her there unattended for approximately 30 minutes until the elderly Plaintiff attempted to get up from the toilet herself after ringing the call bell for assistance several times, causing the Plaintiff to fall and fracture her hip requiring surgery and the implantation of screws. The Defendant-nursing home was unsuccessful in arguing that the Plaintiff’s condition was well enough for her to be left on the toilet without assistance and settled prior to trial after a lawsuit was filed by Cooper & Schall, P.C.