Plaintiff filed suit against a nursing home after the decedent suffered fatal injuries after falling out of her bed. Plaintiff alleged the nursing home negligently caused the decedent’s injuries due to the placement of an IV pole. At arbitration, the evidence showed that the decedent had a physician’s order for a “continuous feed” which required an IV pole to be next to the decedent 24 hours a day.
Greg Ziegler was able to show that the event was an unavoidable accident and the nursing home met the standard of care by following all of the physician’s orders. The arbitrator ruled in favor of the nursing home on all claims.