Helmsing Leach partners Win Stuardi and Kirk Mattei recently secured a defense award for their nursing home client in a wrongful death case following a 4-day arbitration hearing. Plaintiff alleged that the nursing staff breached the standard of care in failing to monitor a resident who allegedly choked while eating dinner. Through the testimony of the nursing staff and expert witnesses (a registered nurse and pulmonologist), the nursing home put on evidence that the standard of care was met, the resident had finished eating and the probable cause of the resident’s death was a pulmonary embolus. After hearing all the evidence, the arbitrator ruled in favor of the nursing home.
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