Arbitrator Awards $975,000 against Nursing Home for Failure to Implement Treatment Plan and for the Death of its Resident

Sui Mee Chiu, 85, was admitted to the Arcadia Health Center for long-term care. A member of the Arcadia staff found a Stage I pressure sore on Chiu’s lower back. A care plan was then initiated by the nursing home staff. The plan included pressure-reducing measures, frequent bathing and wound care. However, the pressure sore progressed to Stage IV, necessitating 7 hospitalizations for wound care management. Chiu developed recurring urinary tract infections from her use of Foley catheters and required a year of antibiotic treatment.

Because of the antibiotic treatment, Chiu became antibiotic-resistant and died of pneumonia and respiratory failure about 15 months after the Stage I pressure sore was first discovered and diagnosed. She was survived by her two adult children.

Her family sued the nursing home and its licensee for negligence and for choosing not to implement the care plan in a timely fashion. It was claimed that had a proper treatment been implemented, Chiu’s pressure wound would have healed without a problem. The family also maintained that the nursing home chose not to keep adequate documentation regarding Chiu’s treatment at the nursing home.

This case was handled through an arbitrator who awarded $975,000 in damages for the wrongful death of Chiu.  Arbitration is often agreed upon by the parties who are involved in a protracted lawsuit for the purpose of putting finality to the case. That would be the situation when the parties to an action agree on both the arbitration process, the arbitrator or arbitrators and that the decision is to be final and binding.The attorneys representing the Chiu family were Lisa Trinh Flint and Michael F. Moran.

Chiu v. Arcadia Convalescent Hosps., Cal. Arbitration Award, Oct. 9, 2013.

Kreisman Law Offices has been handling nursing home abuse and nursing home negligence cases for individuals and families who have been harmed, injured or died as a result of the carelessness or negligence of a medical provider for more than 38 years in and around Chicago, Cook County and its surrounding areas, including Tinley Park, Rosemont, Antioch, Waukegan, Grayslake, Round Lake Beach, Morton Grove, Niles, Des Plaines, Richton Park, Lincolnshire, Morton Grove, Round Lake Beach, Hinsdale, Homewood, Highwood and Crestwood, Ill.

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