Ms. Doe was transferred to Roe Nursing Home after suffering fractures from falls. Her doctor’s orders instructed nurses at the nursing home to regularly assess the skin around Ms. Doe’s cast to detect skin breakdown, swelling and changes in color. The nursing home nurses were also instructed to cleanse and apply treatment to Ms. Doe’s leg ulcer each day.
Within two weeks, Ms. Doe was returned to the hospital where she was diagnosed as having a gangrenous wound and maggots crawling out of her cast. Unfortunately, Ms. Doe required an amputation of her right leg.
Ms. Doe sued the nursing home alleging that it had chosen not to comply with her physician’s orders and to provide the needed wound care. The defendant nursing home countered that Ms. Doe’s extreme obesity and uncontrolled diabetes made amputation likely even in the absence of the nursing home’s wrongdoing.