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Lawsuit Over Nursing Home Death Settled

Jan 16, 2003 | AP A Roanoke nursing home and a physician settled a lawsuit over the 2001 death of a nursing home resident who received her roommate's medicine by mistake.

After contending they weren't to blame for the death, Brandon Oaks nursing home and Dr. Bharat Patel settled the case for an undisclosed amount Wednesday as a jury picked Tuesday waited to hear evidence.

John and Michael Ayers had asked for $1.6 million over the loss of their mother, Marie Ayers, 82.

"I don't trust nursing homes at all anymore," said John Ayers, 59, of Roanoke. "I wouldn't rely on them for medical assistance or watching over someone that has a medical problem."

Brandon Oaks admitted that a nurse gave Ayers 12 or 13 pills meant for her roommate and the staff failed to monitor her closely after the incident. Patel, Ayers' doctor, had told staff members by telephone to watch her and give her all but one of her regular medications.

Ayers died at the nursing home 16 hours after she received the incorrect drugs.

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