The Court of Appeals, Licking County, Ohio allows a nursing home negligence and wrongful death case to proceed to trial. Reasonable minds could differ about whether the facility breached its duty of care and caused a resident’s death by failing to monitor her medical condition. In Ruth Withem v. Newark Leasing, LLC (Ohio Ct. App. No. 2024 CA 00002, July 8, 2024).
A resident of Newark Care nursing home, Hallie Withem, died of septic shock, a complication from a urinary tract infection (UTI). She suffered frequent UTIs. Though she could report symptoms in the past, Newark Care staff knew she had schizophrenia, which could affect her mental state and ability to communicate symptoms. There was no documentation showing monitoring of her urine.
After her death, Ruth Withem initiated a negligence and wrongful death action against the nursing home. Her medical expert, Joe Haines, opined that Newark Care violated the standard of care. He reported that the facility failed to recognize her UTI risk, prevent the UTI and subsequent sepsis, and treat it properly and in a timely manner.
The trial court granted summary judgment to Newark Care. It found no genuine issue of material fact. The court reasoned that there was no evidence that Hallie Withem presented symptoms of her UTI.
The appellate court reviews whether reasonable minds could differ as to whether the nursing home breached its standard of care, causing harm. The facility argued that a lack of documentation of her urine suggested it was being monitored because it would only have been documented if the medical staff detected a problem. Unpersuaded, the court of appeals finds that a reasonable person could conclude that the lack of documentation pointed to negligence. The question of whether proper monitoring and detection of the UTI would have saved Hallie Withem’s life is a question of fact for the jury.
Whether or not Ms. Withem communicated her symptoms is irrelevant. The staff knew she had schizophrenia and should have anticipated changes in her communication style and alertness.
The trial court erred in granting summary judgment. Reasonable minds could differ as to whether Newark Care violated its standard of care by failing to monitor her urine, causing her death.
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