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Virginia’s Go To Lawyers – Medical Malpractice: John Zydron

John E. Zydron
CEO/Owner, The Zydron Law Firm, PLLC
Chesapeake

Education:

JD, George Mason University Antonin Scalia Law School
BA, University of Richmond
U.S. Army Command and General Staff College Officer Course

Best known for:

Nursing home negligence/medical malpractice and assisted living negligence

Signature case / representation:

Plaintiff’s decedent, a 92-year-old female, was placed at a nursing home for two weeks for respite care while her daughter, who provided home care, went on a two-week vacation. The decedent was diagnosed with advanced dementia, hypertension, peripheral arterial disease, non-insulin dependent diabetes, vitamin D deficiency, degenerative joint disease and a history of gastritis and in need of assistance for all activities of daily living.

The daughter investigated the nursing home, which was highly recommended by a friend whose parent had been in the facility. The daughter met with the nursing home staff, who assured her that their facility could provide the care that her mother needed. The decedent was admitted to the nursing home on Sept. 4. Her skin was assessed as “intact” but she had a small red area on her coccyx and staff noted it as a stage I pressure sore. Staff completed the Braden Scale assessment on the decedent, which resulted in a 12 (high risk for pressure ulcers). Staff assured the daughter that they were competent to treat pressure ulcers and not to worry. The daughter went on her vacation and upon return, she went to the facility on Sept. 14 and was advised that the pressure ulcer had enlarged to a Stage II. By Sept. 29, while still in the nursing home, the pressure ulcer was assessed as a Stage IV pressure ulcer and became infected on Oct. 6.

Decedent died on Oct. 10 and the “immediate cause of death” as diagnosed by her treating physician was “infected sacral pressure ulcer.” She was survived by six daughters and sons.

The plaintiff’s experts opined that the nursing home’s staff failed to properly and timely assess the pressure ulcer and place interventions to cure the ulcer. The case was mediated and a confidential settlement in favor of the plaintiff’s decedent was reached.

Satisfying aspect of practice:

I am able to help grief stricken people in their time of need, guide them through maze of litigation and help get a reasonable and just recovery for the injured or the loved ones of the injured, while at the same time, improving the long term nursing care for our elderly.

Working with clients:

Early on in the case, I request to talk with all of the family of the injured; if it’s a wrongful death medical malpractice case, all of the statutory beneficiaries. I explain the process, the long road ahead, what the injured or beneficiaries can expect and the costs involved. I let them know that they will be aware of what is going in their case every step of the way. I explain what litigation involves and that they may need to testify at depositions or trial or both. In wrongful death malpractice cases I suggest that the statutory beneficiaries discuss and agree in writing what the division of monies each will get way before money becomes an issue, thereby avoiding conflicts and arguments with the other family members at settlement. I assure them that I am there to answer questions as we go along and don’t be afraid to call and ask a question.

Advice:

LISTEN, LISTEN, LISTEN TO WHAT YOUR CLIENTS AND OTHERS SAY.

Outlook:

As our population lives longer due to technology and medical advances, we will have more need for quality long-term nursing care. The federal government in Title 42, Part 483, Subpart B, Code of Federal Regulations has empowered Medicare and Medicaid to monitor, inspect and mandate that long-term care facilities — nursing homes — follow requirements set forth in this law, which is constantly improving long-term care. Congress has funded these agencies, recognized the need for regulations and monitors the progress.