Jury Verdict for $132,000 for Noncompliance with Physician’s Feeding Orders in Nursing Rehab Center

Jesse Harvey Sr. reached the age of 99. While hospitalized he underwent a pharyngogram. This is essentially a radiographic procedure of the pharynx.  Mr. Harvey was a resident of Arcadian Rehabilitation & Nursing Center. The pharyngogram test showed that he had an inability to swallow. His doctor ordered a nasogastric tube and directed the nursing home not to feed him anything by mouth.

However, two days after Mr. Harvey returned to Arcadian Rehab & Nursing Center, he pulled out the nasogastric tube. A staff member at the nursing facility told the nurse practitioner investigating that there was no pharyngogram in his chart. Assuming that the tube was present because of inadequate nutrition, the nurse practitioner ordered the staff to feed Mr. Harvey grits. 

After the feeding, Mr. Harvey developed breathing difficulties. He was rushed to a nearby hospital where he was diagnosed with aspirational pneumonia. Unfortunately, Mr. Harvey died several days later. He is survived by his five adult children. 

The Harvey family sued the nursing home alleging that its staff chose not to comply with the standard of care and that the nurse practioner did not follow the very specific and life dependent physician orders regarding no food by mouth.  Because of that negligence, Mr. Harvey’s death was clearly associated with that failing. The staff had erroneously informed the nurse practioner that Mr. Harvey had not undergone a pharyngogram. Counsel for the Harvey family was Richard T. Gallagher, Jr.

Jesse Harvey v. Arcadian Rehab & Nursing Ctr., No. 504371 (La., Baton Rouge Parish Jud. Dist. March 14, 2013). 

Kreisman Law Offices has been handling nursing home abuse cases and nursing home negligence cases for individuals and families who have been harmed, injured or died as a result of the carelessness or negligence of another for more than 37 years in and around Chicago, Cook County and its surrounding areas, including Morton Grove, Melrose Park, Evanston, Wilmette, Kenilworth, Orland Park, Arlington Heights, Bartlett and River Grove, Ill.

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