Professional Negligence Law Reporter

Cauffiel v. Progressive Eldercare Serv., No. 63-CV-2013-00355 (Ark. Cir. Ct. Saline Cnty. June 14, 2018).

Carolyn Cauffiel, a 75-year-old woman with a history of pneumonia, was admitted to the Heartland Rehabilitation and Care Center for a fivemonth period. While there, she complained of breathing problems. An attending nurse came to Cauffiel but did not auscultate her lung sounds; the nurse also told her colleague that Cauffiel’s lungs were clear and that she was “faking it.” The next day, another nurse auscultated Cauffiel’s lungs and noted that they were full. She was taken by ambulance to a hospital, where she was treated and released. She was subsequently readmitted to the hospital and later died of respiratory failure.

Cauffiel is survived by her two adult children. Cauffiel’s estate sued the nursing home owner, alleging that the defendant’s staff failed to timely auscultate Cauffiel’s lungs and administer nebulizer treatments. The jury awarded more than $30,800 for Cauffiel’s pain and suffering.

The case is on appeal.

Plaintiff counsel: AAJ member Brian Reddick, John Hout, and Robert Francis, all of Little Rock, Ark. Plaintiff experts: Loren Lipson, geriatrics, Los Angeles; and Luann Trehant, nursing, Alexandria, La.