Federal Court evaluates res ipsa loquitur in assisted living over-medication case
In Freudeman v. The Landing of Canton, the Sixth Circuit concluded that the family of a woman who died in assisted living could rely upon the res ipsa loquitur doctrine in suing the facility. The Court noted that the woman was comatose for 18 months after suffering a brain injury. At the time of the injury, her blood sugar was measured at "12," when normal is considered to be 70-100.
Since the facility maintained control of the woman's diabetes medication and distributed it, the Court found that it was fair and reasonable to presume that her hypoglycemic state resulted from negligence in administering the medication that depressed her sugar levels.