Professional Negligence Law Reporter
Assisted Living
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Failure to address resident’s fall risk
November/December 2024Constance Poppenhager, who suffered from dementia, was admitted to The Palace, an assisted living facility. On the first day of her admission, she was left alone on the toilet. She fell, resulting in a brain injury. She underwent surgery and suffered from epileptic seizures for the remaining two years of her life.
Poppenhager’s estate sued Kendall Health Care Properties, alleging that the defendant failed to address Poppenhager’s fall risk and should not have left her alone on the toilet in light of her need for assistance with activities of daily living.
The jury awarded $2.5 million, including $500,000 for medical expenses.
Citation: Ladet v. Kendall Health Care Properties, No. 2022-008462-CA-01 (Fla. Cir. Ct. Miami-Dade Cnty. May 3, 2024).
Plaintiff counsel: John E. Hughes III and AAJ member John W. McLuskey, both of Miami; and Lori Waldman Ross, Coral Gables, Fla.
