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Jury awards elderly woman $856,836.26 for violation of nursing home resident's right to access to her doctor

On November 13, 1998 Betty Silverman was taken to the Oakwood Terrace Rehabilitation and Nursing Center to recover following an ankle and toe fracture. Doctors that had treated Betty's fracture at the hospital placed orders in the nursing home chart that she needed follow up care with her podiatrist. When Betty's doctor arrived to see her in the nursing home the doctor was denied access since she did not have privileges at that facility. Unfortunately Betty developed a blood clot at her fracture site, which began to travel painfully up her leg. If Betty's doctor had been able to treat her, the clot would have been detected and fixed. However, since she was not, the clot progressed up her leg and into her lungs causing her death on November 18, 1998.

One of the nursing home resident's rights is that a nursing home may not deny a resident access to their doctor. Based on this violation a jury found that the nursing home violated Betty Silverman's rights and awarded her $856,836.26 for her medical bills and pain and suffering that she had to endure prior to her death.