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Estate of Elderly Mother of Three That Suffered Through Negligent Care at a Nursing Home Resulting in Death Receives Large Confidential Settlement

The deceased was a resident of a North Carolina nursing home. She had recently been sent to a local hospital for an unrelated illness and was recovering well from this prior illness. During this recovery period, she developed an ulcerous wound in and around her sacrum. The nursing home staff failed to timely detect the wound. Then, when they did discover the wound, they failed to adequately treat the wound, and they failed to adequately inform the deceased’s doctors about the severity of the wound. The wound became severely infected and our client went into septic shock. She was eventually transferred to a local hospital where she passed away just a few days later.

We secured the services of an expert doctor specializing in internal medicine that provided us the opinion that the nursing home had breached the standard of care and that if the nursing home had timely and adequately treated the sacral wound, she would not have died.

We at first attempted to contact the nursing home management to settle. They, however, would not respond to our calls. We then filed a lawsuit. The defense attorneys filed a motion to try to force the case into arbitration, instead of having it heard by a jury in court. We won that motion hearing. The court ordered that the case had to be tried by a jury. At that time, defense counsel indicated a willingness to discuss settlement. We successfully negotiated a large settlement the amount of which is confidential.

Attorney: James Johnson
Date of Settlement: November 2016

(Cases referenced do not represent the firm’s entire record. Each case is different and should be evaluated on its own merits. The outcome of a particular case cannot be predicated upon a lawyer’s past results.)

Author Bio

Ryan Brown

J. RUSSELL W. DeMENT III
RALEIGH CRIMINAL DEFENSE LAWYER

Russell W. “Rusty” DeMent III is a trial lawyer and managing partner at DeMent Askew Johnson & Marshall. A former Wake County Assistant District Attorney, he brings decades of courtroom experience to defending serious criminal charges in both state and federal courts, including DWI, violent crimes, and drug offenses.

Regularly recognized in Best Lawyers in America, Super Lawyers, and Business North Carolina’s Legal Elite, Rusty is a Fellow of the National College for DUI Defense and the Litigation Counsel of America. His legal insight and calm command in high-stakes cases make him a trusted advocate across North Carolina.

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Reviews

My case was a particularly a hard one. Rusty and his team fought hard to receive the best judgment possible. They never told me anything I wanted to hear, actually quite the opposite. They let me know exactly what they could do for me and tried their hardest. I would recommend this law office to anyone who is looking for great counsel.

Curt H.

I HIGHLY recommend DeMent Askew to anyone seeking legal aid. Mr. DeMent helped me through a couple situations and from the first time I met with him until it was over he gave me his utmost attention and always made sure he listened. This is not a chain law firm that is just out to get your money, they really do care about the the

Kimball T.

Mr. Johnson and everyone at DeMent Askew went above and beyond in their handling of our case. They genuinely cared for the well-being of my husband and my family. I have used them for other legal matters as well, and would definitely recommend them to anyone with any type of personal injury case, no matter how serious.

Holly P.

I want to thank Mr. DeMent for helping me out with my DWI case. I was truly not very optimistic in my chances with my case, but on the day of my trial Mr. DeMent vigorously argued in my favor that the officer did not have probable cause for my arrest. I truly appreciate his efforts in saving me from a DWI conviction and

Eric J.

My case was a particularly a hard one. Rusty and his team fought hard to receive the best judgment possible. They never told me anything I wanted to hear, actually quite the opposite. They let me know exactly what they could do for me and tried their hardest. I would recommend this law office to anyone who is looking for great counsel.

Curt H.

I HIGHLY recommend DeMent Askew to anyone seeking legal aid. Mr. DeMent helped me through a couple situations and from the first time I met with him until it was over he gave me his utmost attention and always made sure he listened. This is not a chain law firm that is just out to get your money, they really do care about the the

Kimball T.

Mr. Johnson and everyone at DeMent Askew went above and beyond in their handling of our case. They genuinely cared for the well-being of my husband and my family. I have used them for other legal matters as well, and would definitely recommend them to anyone with any type of personal injury case, no matter how serious.

Holly P.

I want to thank Mr. DeMent for helping me out with my DWI case. I was truly not very optimistic in my chances with my case, but on the day of my trial Mr. DeMent vigorously argued in my favor that the officer did not have probable cause for my arrest. I truly appreciate his efforts in saving me from a DWI conviction and

Eric J.

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