Nursing Home Avoids Revival of Suit Over Resident’s Fatal Fall

A federal appeals court on Thursday refused to reopen a lawsuit over a nursing home resident’s fall-related death, saying his daughter lacked evidence that any negligence by the facility’s staff caused the fall.

A nursing expert offered a “generic” opinion that Smoky Hill Rehabilitation Center could have prevented Arlen Dority’s fall if it hadn’t breached the standard of care in one of six possible ways, the US Court of Appeals for the Tenth Circuit said in the unpublished decision. That was too conclusory and speculative to create a genuine issue of material fact on the essential element of causation, the ...