A Massachusetts nursing home will face a medical malpractice suit for allegedly failing to diagnose a resident’s bacterial infections that led to his death, an appeals court ruled recently.
The case against Sutton Hill Center was originally tossed by the state’s medical malpractice advisory panel of doctors. However, an appeals court has revived it, agreeing that the North Andover facility’s inability to pinpoint resident Edward Cahill’s outward infection symptoms may have led to his 2013 death from inflammation of the bowels, Law360 reported.
“The failure of the Sutton Hill staff to diagnose C. diff colitis allowed it to progress to the point where significant damage was done to Cahill’s colon, and that the untreated colitis was a substantial contributing cause of Cahill’s death,” the appeals court wrote in its opinion.
Lori Mayer, a spokeswoman for parent company Genesis HealthCare, declined to comment on the specifics of the pending legal matter.
“The safety and well-being of our patients is our highest priority here at Sutton Hill Center,” she said. “We remain committed to providing exceptional care to our patients and residents.”
Eileen Moalli — Cahill’s daughter and the administrator of his estate — originally brought the suit. She claims Sutton Hill failed to inform the family that it was placing her 87-year-old father in a room with someone who had C. diff, or mention infection protocols. In repeated visits, Moalli said she never saw staff using gowns or gloves.
Under Massachusetts state law, if the advisory panel of doctors rejects a claim, plaintiffs are required to post a $6,000 bond, Law360 wrote, and the administrator’s failure to do so meant the case was dismissed.
The appeal bumps the case to a higher court, to be heard before a jury.
From the March 1, 2019 Issue of McKnight's Long-Term Care News
