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Jackson v. Desoto Retirement and Rehabilitation Center Inc.12/14/2005
mstances tend to show that the degree of care that was or should have been provided for Mr. Edwards is a question whose answer requires expert medical knowledge. The medical records indicate that one of the reasons Mr. Edwards was in DeSoto Retirement was because he needed assistance with various daily activities, and the degree of assistance was a matter for DeSoto Retirement to determine per its expertise. Likewise, the opinion of experts will be required to determine if DeSoto Retirement breached the standard of care by, inter alia, allowing Mr. Edwards to get up the morning after his first fall without assistance and by failing to properly assess his condition after the first fall.
CONCLUSION
For the reasons set forth herein, the judgment of the trial court is reversed, and the exception of prematurity filed by DeSoto Retirement is hereby sustained. Costs of this appeal are assessed to plaintiff.
REVERSED.
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