Defense of Insufficient Supervision Claim

Defense of Insufficient Supervision Claim

Walter Melendres and Alexandra Corwin Aguilar recently represented a medical center in a case in which the claim was that a resident suffering from life-long dementia and dysphagia was insufficiently supervised and allowed to ingest unpureed food that led to airway obstruction, anoxia, coma, and eventual demise. The defense was that the patient was properly maintained in the long-term care portion of the facility on 15-minute checks per standard-of-care consideration of risks and benefits.