Unsupervised Nursing Home Resident Falls Down, Causing Injuries Resulting in Death

Cervical fracture, facial fractures, multi-trauma and death

Tried Before Judge or Jury


Plaintiff’s Counsel
Breakstone, White & Gluck, PC

Other Useful Information
On December 20, 2015, the 93-year-old plaintiff was a resident at a Boston suburban nursing home.  She had moderate dementia and neurological deficits for which she required assistance with ambulation.  On the date of the incident, she shuffled with her walker through two sets of unlocked and unalarmed doors and fell down several steps.  At the time of the incident, the unit in which she was a resident was staffed by three attendants whose job it was to monitor and assist her with walking.  

As a result of the fall, she suffered facial and cervical fractures.  She was taken to a Boston-area hospital where she remained in the intensive care unit for four days before her death from respiratory failure due to her injuries.

Following the incident, the Massachusetts Department of Public Health determined that the incident was preventable and ordered a plan of correction to prevent similar injuries to other residents.

Plaintiff left three adult children and five grandchildren.  

The case was settled at mediation prior to suit with the able assistance of Brian Mone of CMCI. 

Attorney Marc L. Breakstone

Marc L. Breakstone

Attorney Marc L. Breakstone has more than 30 years of experience representing clients injured by medical malpractice, ambulance malpractice and nursing home negligence. He has been consistently recognized for his work for medical malpractice plaintiffs, including by Massachusetts Super Lawyers and Best Lawyers of America. Read more.

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David really cared about me as an individual…and he really cared about seeking the justice that needed to be sought in the case. Peter
Ron got the insurance company to settle for the maximum on the policy. And so as a result of that, my son went back to school. Jeff
Marc just guided us through the whole process. He told us exactly what would happen and how we needed to go about doing everything. Jesenia
I would recommend David…The outcome of my case, I was very pleased with it. I hope I don't have another accident, but if I do we'll be back to see David. Paul
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