Friday, June 25, 2010 | 11:36 a.m.
CARSON CITY – The Nevada Supreme Court has upheld a $754,431 award against the Manor Health Care Center in the negligence care of a patient in Las Vegas.
The court upheld the finding of an arbitrator that the standard of care was not up to par in the case of Edward Monsour. But it also held that Monsour would have died from an ischemic pressure ulcer, regardless of the quality of care.
Monsour died while in the care of the nursing home. The surviving children and the estate filed suit against the center. Both sides agreed in 2008 to binding arbitration before retired District Judge Stephen Huffaker.
Huffaker ruled the nursing home failed to perform a standard of care mandated by skilled nursing home rules; that it did not keep accurate records of the care and “through neglect and recklessness, failed to provide adequate care, causing pain and suffering to both the deceased and his family.”
But Huffaker rejected the wrongful death claim filed by the children.
Manor Health Care appealed but District Judge Timothy Williams backed up the arbitration award.
The Supreme Court rejected the argument of the health care center that the arbitrator wrongfully doubled the amount of certain damages.
“Doubled damages for pain and suffering, and loss of companionship, consortium and support do not constitute an evidence mathematical miscalculation” within the meaning of the law, said the court.
The court said there is no evidence that Huffaker knew and disregarded the law in the handling of these claims.
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