Sundermeyer.pdfMissouri Nursing Home Abuse Law

• Sundermeyer v. SSM Regional Health Services d/b/a Villa Marie Skilled Nursing Facility (Mo. Banc 2008) - In this wrongful death case against a nursing home, the court granted a summary judgment to Defendant.  During the decedent's stay in the nursing home, she had a number of falls, bruises, and skin tears.  She had 26 separate bruises.  After approximately 13 months at the nursing facility, she was admitted to a hospital with a diagnosis of electrolyte disorder, dehydration and oral thrush.  She was discharged from the hospital to a different long term care facility and died 25 days after she had left the Defendant facility.  The Supreme Court stated that for proof of causation, there must be a certain degree of expertise and expert testimony is required to establish causation.  If a Defendant is negligent and that negligence combines with either the negligence of another or another independent intervening cause, that is sufficient evidence of causation.  Even though without the other independent intervening cause, the injury would not have occurred.  The expert testimony was that "I think that [mother's] nutritional decline and her emotional and psychological status all contributed to her death."  He further stated "I think after reviewing the depositions, as well as some of the records of the [nursing facility]...it is clear to me that she had been neglected at the least.  Certainly from the standpoint of the photographs and the descriptions of the falls, she had perhaps been abused from the prospective, not just physically, but emotionally from the standpoint of having the telephone withdrawn.  From the span, I believe it was late February early March of 2002; it appears those instances became more numerous.  She had a tremendous weight loss the last month between June and July, none of which was really addressed.  I think overall her nutritional status suffered and eventually that neglect contributed to her demise."  The Supreme Court determined that evidence was sufficient, and thus, reversed the grant of summary judgment and remanded for trial.