Gordon Sproule and Charles Fleming Defense Verdict in Mobile County

On July 21, 2016, Gordon Sproule and Charles J. Fleming, Jr. secured a defense verdict on behalf of a nursing home in a medical malpractice case that was tried before an arbitrator in Mobile County, Alabama. The wrongful death action was brought by the estate of a nursing home resident who died following an aspiration event in the nursing home. Plaintiff claimed the aspiration event occurred because the Defendant failed to provide an appropriate diet, failed to timely and appropriately respond to the resident’s change in condition, and failed to follow policies and procedures concerning aspiration risk precautions. However, during the three day trial, Defense counsel proved that the decedent’s aspiration and subsequent death were not caused by a breach in the standard of care. Therefore, the Arbitrator returned a verdict for the Defendant.