Data in Nursing
I’m constantly inspired by our clients who have found unique ways of using the CaseMetrix database. While we do not have an independent database to solely address nursing home cases, we do have attorneys in the network focusing on this specialty. Here’s what they’ve taught me.
A broken hip case for a 19-year-old involved in a slip-and-fall in a retail store is evaluated very differently than a broken hip case for an 87-year-old in a nursing home setting. Assigning age parameters to broken hip cases in the premises liability database allows attorneys to focus on the value of that injury on any type of premises while realizing the importance of addressing the age factor.
We are called upon frequently to evaluate death cases in which the plaintiff’s deceased was elderly at the time of the subject incident. Whether a death has occurred as a result of a motor vehicle accident, premises liability matter or an event occuring at a nursing home, attorneys are interested in evaluating loss of life at age 80, 85 or even 90+.
The truly difficult portion of evaluating a nursing home death case lies within the initial assessment of liability & standard of care issues. Of course, this evaluation relies on the attorneys’ expertise in this field, but when it comes to evaluating the damages portion of the case, most plaintiff and defense attorneys recognize the challenge in light of the age issue.
Defense attorneys in our network are charged with the responsibility of advising insurers to set adequate reserves and then using those resources responsibly in an attempt to negotiate a fair settlement. Plaintiff’s attorneys face the challenge of respectfully managing clients’ expectations after they have suffered the loss of a family member, while resting assured they have settled the case within market value. Attorneys on both sides are frequently surprised to see the multi-million-dollar verdicts involving loss of life of an elderly person, but those defense verdicts and lower settlements cannot be ignored. As we all know, it’s in the details, so rely on our Research Analysts to fully explore these finer points.