News & Events

Smith Haughey Successfully Defends Nursing Homes

September 09, 2020

Ryne Takacs, a Smith Haughey medical malpractice attorney with a significant practice in the defense of long-term care and nursing home facilities and their employees, successfully defended two recent lawsuits against skilled nursing facilities, obtaining dismissal early in the litigation.

In the first matter, the plaintiff was admitted to our client’s skilled nursing facility for rehabilitation following a hip replacement surgery. At the facility, the plaintiff participated in physical therapy sessions through a third-party vendor. The plaintiff was required to wear an assistive foot brace at all times. While in the plaintiff’s room and in the presence of the physical therapist, the plaintiff attempted to walk without the required foot brace, resulting in a fall and fractured hip, which required surgical intervention and allegedly resulted in permanent disability. The plaintiff brought numerous negligence claims against the facility. Takacs conducted an expedited deposition of the plaintiff and the therapist involved with the fall. The testimony obtained during these depositions established that our client committed no wrongdoing, and led to our successful motion to dismiss our client from the lawsuit.

In the second matter, the plaintiff alleged ordinary negligence against our client’s skilled nursing facility and several other individuals and entities from an injury sustained while being transported in a wheelchair. The plaintiff alleged that our client was negligent in many ways including the failure to select and use an appropriate wheelchair for transportation. Takacs was able to show, based on the facts of the case, alleged negligent acts, and applicable law, that the claims raised against our client were actually medical malpractice claims. The plaintiff had failed to comply with the statutory requirements necessary to bring a medical malpractice claim, and as a result those claims were barred by the statute of limitations. Given our aggressive position, the plaintiff voluntarily dismissed our client from the case.

These are just two examples of the many cases our firm has successfully defended on behalf of health care providers. If you would like to speak with Ryne regarding long-term care or nursing home defense, please contact him at rtakacs@shrr.com or contact one of our other talented medical malpractice attorneys.

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