Secured $200K Settlement for Nursing Home Patient Who Was Not Provided Life Sustaining Treatment

Robins Kaplan attorneys secured a $200K settlement for a client, age 74, who was at a Minnesota nursing home for rehabilitation as she underwent palliative chemotherapy for her terminal breast cancer. She also had a number of other serious medical conditions that limited her life expectancy. Our client had signed a Provider Orders for Life Sustaining Treatment (POLST), in which she gave the directive to provide “CPR/Attempt Resuscitation” if she had no pulse or was not breathing.

A nursing assistant discovered our client to have irregular breathing and informed a nurse, who came into the room and panicked.  The nurse did not initiate CPR or any other life-saving procedures and instead, watched our client die. The Minnesota Department of Health conducted an investigation and documented neglect. This case settled shortly after it was put in suit for $200,000.

Past results are reported to provide the reader with an indication of the type of litigation we practice. They do not and should not be construed to create an expectation of result in any other case, as all cases are dependent upon their own unique fact situation and applicable law.

Brandon E. Vaughn


Chair, Black Firm Member Resource Group

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