On June 15,2009, the claimant, age 98, was a patient in a nursing home in New Bedford Massachusetts. On this date , the claimants family took her outside the facility for lunch. Prior to leaving the nursing home the family requested that the staff disengage the chair alarm that was attached to the claimant’s wheelchair so as to prevent the alarm from activating while they were outside the facility. Upon the family’s return, they notified the staff that the alarm was disengaged and that it needed to be reactivated. The staff failed to reattach the alarm. Several hours later the claimant fell out of her wheel chair and fractured her hip.
Brian Cunha & Associates filed a claim against the nursing home alleging that the facility committed malpractice when they failed to engage the wheelchair alarm and to provide proper supervision. The case settled within three weeks after the law office of Brian Cunha & Associates submitted their demand for settlement.