Articles Posted in Nursing Home Negligence

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John Tsucalas, 76, suffered from dementia and was admitted to Meadowview Rehabilitation and Nursing Center. Just two weeks later, he fell in his room, striking his head and his right hip. He was transferred to a hospital for treatment and died ten days later.

The cause of death was determined to be a blunt impact right hip fracture. Tsucalas’s estate sued the nursing home, alleging claims for wrongful death and survival. The Tsucalas estate asserted that the nursing home had chosen not to implement fall protection measures or properly supervise him.

Before trial, the parties settled for $75,000.

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Shirley Liebenguth lived at Cedarbrook Senior Care and Rehabilitation, a facility operated in part by the local county government. She was morbidly obese and required assistance with basic mobility and total assistance with transfers.

When a certified nursing assistant allegedly attempted to move her, she fell to the floor and suffered bilateral fractured femurs.

Liebenguth was brought to a nearby hospital where she suffered cardiac arrest and passed away. She was survived by her two brothers.

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James Owen, 89, lived in the John Knox Village Care Center. He fell while using the bathroom, suffering a fractured cervical vertebra, and died within two weeks. He was survived by his older sister.

The Owens estate and Owen’s sister sued the nursing home, alleging it chose not to provide residents with 24-hour oversight, properly train its personnel and adequately assist Owen while he used the bathroom.

Owen’s sister and the estate argued that the nursing home’s conduct amounted to complete indifference or conscious disregard for Owen’s safety, warranting punitive damages.

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The Illinois 4th District Appellate Court affirmed the decision of an Adams County Circuit Court judge.  In December 2018, Mark Mason signed numerous documents allowing his mother, Doris Mason, to be admitted to St. Vincent’s Home Inc., a nursing home, including an admissions agreement. The agreement included an arbitration clause and a provision in the contract for services that the contract terminates automatically in the event of Doris’s death.

From December 2018 through October 2019, Doris resided at the nursing home. She suffered a fall, fracturing her left femur on Jan. 14, 2019. She also suffered burns to her right hip five times between Feb. 20 and May 7, 2019.

On Oct. 2, 2019, Doris passed away. Mark filed a lawsuit in December 2020 against the nursing home, WDM Health Services Inc., and three caretakers. Mark alleged violations of the Illinois Nursing Home Care Act, negligence and claims under the Illinois Wrongful Death Act.

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Doe, 81, lived in a nursing home’s secure memory unit. She tended to wander and had exit-seeking behaviors, necessitating her use of the WandergGuard, a wearable safety device.

Even after a door alarm was activated, a nursing home staff member did not see that she had fallen down multiple flights of stairs. She was discovered at the bottom of the stairs, bleeding and crying for help.

Doe suffered serious injuries, including a subarachnoid hemorrhage. She unfortunately died eight days later.

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A Chicago federal judge sent a lawsuit against the nursing home, Petersen Health Care, back to the state court after the defendant failed to persuade the judge that it had acted at the direction of the federal government to prevent the spread of COVID-19.

Anita Martin, who was a resident of Illinois, sued the elder care company, Petersen Health Care, after the death of her mother, Marlene Hill. Hill lived in the Bloomington Rehabilitation & Healthcare Center, which was operated and run by Petersen Healthcare.

Hill unfortunately died on May 15, 2020 with “COVID-19” listed as a substantial contributing factor,”  the lawsuit stated.

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Paul Smith was admitted to the Attleboro Nursing & Rehabilitation Center where he was recognized as a fall risk. Three years after his admission, he suffered a fall that resulted in a fractured hip. His condition deteriorated, and he died approximately two weeks later. Smith was survived by his son and wife.

The Smith estate sued the nursing home and several related entities alleging that these defendants had chosen not to properly evaluate Smith and failed to take the necessary steps to minimize his risk of falling and injuring himself.  The Smith family lawyer argued that his fall was preventable, which directly led to a decline in his health. It was also alleged that the fall was a cause of his death just two weeks after his hip fracture.

Before trial, the parties settled this case for $120,000.

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Charles Jackson lived at Care Pavilion Nursing & Rehabilitation Center for more than four years. During his time there,  he allegedly suffered more than 14 undocumented falls. After one fall, he was found on a bathroom floor and was taken to a hospital where he underwent a hip replacement.

Jackson was returned to the nursing home but was transferred back to the hospital less than one month later.  There, he was diagnosed as having sepsis and severe dehydration.

He died just over two weeks later from respiratory distress, sepsis and a prosthetic hip infection. Jackson, 83 at the time of his death, was survived by his adult daughter.

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Vera Petrella was a resident of the Arden Courts of Yardley long-term care facility. She had a history of coronary artery disease, hypertension, dementia and Parkinson’s disease.

Her care plan provided that she would receive assistance transferring her in and out of bed, assistance going to the bathroom and walking. Several weeks after she was admitted, Petrella fell. After several more falls, she suffered a fractured left hip that required surgery. She later died as a result and was survived by her three children.

The Petrella family and children sued Arden Courts of Yardley PA LLC and other entities, alleging claims for wrongful death and survival. The Petrella family claimed that the facility chose not to implement fall prevention measures, adequately assess her condition and provide sufficient supervision.

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Mr. Doe, 84, suffered from advanced dementia and lived in a nursing home. One morning, a nursing assistant found Mr. Doe lying in his bed with his head caught between the bed frame and side rail. Shortly after he was discovered, Mr. Doe was pronounced dead. The nursing home allegedly falsely reported to the medical examiner that Mr. Doe had died of cardiac arrest related to his hypertension.

A lawsuit against the nursing home alleged that it chose not to use safe bedrails that allowed for 2 3/8 inches of space between the mattress and the bedrails. The Doe family charged that the space between Mr. Doe’s bedrails and mattress was 7 inches, which allowed him to slide in between the mattress and rails, becoming trapped and strangled.

The lawsuit also alleged that the defendant nursing home had wrongfully chosen not to report that the actual cause in Mr. Doe’s death was bedrail strangulation.

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