Kentucky Injury Law Blog

On October 28, 2011, a jury awarded Irene Hendrix over $1 million after she suffered multiple head injuries at Cambridge Place Nursing Home in Lexington, Kentucky. Ms. Hendrix, who had been diagnosed with Alzheimer’s, was using a seated walker, called a Merry Walker. She disappeared from the hall and was found later in an empty room, lying on her face.

As a result of her fall, Ms. Hendrix suffered facial bruising and a contusion on her forehead, multiple fractures in the bones of her face, and bleeding on the brain. She was hospitalized for three weeks before being able to return to a nursing home. Her family claims she came close to dying during her hospital stay.

The victim’s family filed a lawsuit against Cambridge Place Nursing Home and the management company for alleged negligence. Because of Ms. Hendrix’s age and medical condition, a written care plan stated she needed to be checked on when using the walker. The management company of the nursing home argued that the care plan was in place and was being followed at the time of the accident. However, several nurses that were interviewed during the course of the investigation stated they did not even know a written care plan existed for Ms. Hendrix.

The award Ms. Hendrix will receive includes just over $24,000 for her medical bills and $1 million for her physical and mental pain and suffering. A couple of factors could have affected the larger part of the award if the situation had been slightly different. Many states have instituted a medical malpractice cap on non-economic awards. This means there is a limit on the amount that can be given to a plaintiff for pain and suffering, emotional distress and other compensatory damages that are not related to lost wages or medical bills. Usually the cap ranges from $250,000 to $500,000 per case. Kentucky does not have a medical malpractice cap, so the entire $1 million in compensatory damages could be awarded. Also, because the negligent party was a nursing home rather than a physician or medical establishment, the medical malpractice cap would not have applied to the entire amount even in a state that has a limit. Oftentimes in these types of cases, it is up to the jury to determine how much of the negligence was medical and the award is adjusted based on that determination.