The Commonwealth of Kentucky Court of Appeals (“Kentucky Appellate Court”) unpublished opinion dated March 4, 2022 affirmed jury’s verdict against nursing home for the wrongful death of resident due to the failure to provide appropriate bowel and nutritional management, catheter care, and wound care, which ultimately causing the resident’s death. The Kentucky Appellate Court held “considering Harlan’s untimely submission of the affidavits and the additional concerns addressed by the trial court, we cannot conclude that the trial court abused its discretion here by denying Harlan’s motion for new trial. We agree with the Estate that although KRE 408 allows admission of such evidence under certain circumstances, the rule does not provide when such evidence must be admitted.
Court Affirms Wrongful Death Verdict Against Nursing Home
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