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Assisted Living

Professional Negligence Law Reporter

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Failure to Prevent Falls

November/December 2019

Hanna v. Emeritus Corp., No. 2018-CP-32-01644 (S.C. Ct. Com. Pl. Lexington Cnty. Jan. 25, 2019).

Jewel Rawls Dawson was admitted to an assisted living facility. At the time of the admission, she was dependent on others for activities of daily living and was a documented fall risk. Rawls Dawson suffered multiple falls while she lived at the facility. Additionally, she developed pressure sores that led to her death within approximately two years.

Her estate sued the operators of the facility, alleging negligence, negligence per se, wrongful death, and other claims. The plaintiff asserted that the defendants failed to train, monitor, and supervise staff; failed to prevent Rawls Dawson’s falls and notify family members when falls occurred; and failed to provide adequate nutrition or properly administer medication. The parties settled before trial for $125,000.

Plaintiff counsel: AAJ member D. Nathan Hughey, A. Stuart Hudson, and Bradley H. Banyas, all of Mt. Pleasant, S.C.