Reference no: EM133481429

The 82-year-old patient was assessed as not a high fall risk when she was admitted to the nursing home. On her fourth day, a nursing assistant found the resident on the floor of her room at 4:00 A.M. The resident had a broken arm and was transferred to an acute care facility for treatment. At the acute care hospital, the resident was diagnosed with a C. difficile infection, and she died from the infection 10 days later.

The family's lawsuit contended that the nursing home's negligence caused the resident's fall and that the broken arm from the fall caused her ultimate death. At trial, the family's expert witness argued that a bed alarm should have been implemented for this resident. Additionally, the resident should have used her specially fitted orthotic shoes at all times when ambulating.

Question

1. Was an expert witness needed for the jury to understand the issues being tried?

2. Were the two issues that the expert witness raised germane to the resident's ultimate care?

3. What questions regarding the expert witness's expertise and clinical background might be raised by the defendant's nursing home?

4. How would you decide the appeal?