Resident went to a nursing home after surgery due to a right hip fracture. After developing an upper respiratory infection and a urinary tract infection, he was re-hospitalized. He became unresponsive and was placed on hospice with family agreement. His condition worsened and he died. The family filed a wrongful death suit and Defendants moved for summary judgment which was granted; Defendants claimed Plaintiff failed to present any evidence of causation. On appeal, the court found that absent res ipsa loquitur, expert testimony is required to prove causation. The court found that the opinions of Plaintiff’s expert, which were that a failure to provide care caused resident’s death, were conclusory and speculative; essentially the court found fault with the reports because they failed to include facts relating to causation. Decided: August 3, 2006.
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