Latest News 2012 November Four-Star Nursing Home Faces Wrongful Death Lawsuit and Disciplinary Action

Four-Star Nursing Home Faces Wrongful Death Lawsuit and Disciplinary Action

After learning that an Alzheimer's patient's death, after a fall in a four-star nursing home was reported days after the fact, the state is seeking disciplinary action against the facility's administrator and the family has filed a wrongful death lawsuit, as reported by The Star Press.

B.R., 76, fell from her wheelchair, landed onto her face, and broke a vertebra in her neck just prior to her death.

Named by the attorney general's office is the administrator of Morrison Woods Health Campus, L.K., for her failure to timely report B.R.'s injuries to the state health department. L.K. is also cited for failing to have the injuries investigated prior to reporting them.

R.P., one of B.R.'s daughters, has named the nursing home in a wrongful death lawsuit.

The attorney general stated in their complaint that "The coroner was only alerted to (B.R.'s) death when her funeral home contacted the coroner regarding her unusual head injuries."

It took the nursing home an alleged seven days after B.R.'s death to report the information to the health department. Any injuries – where the origin is unknown, unusual or suspicious – are expected to be reported within a day.

It wasn't until the coroner arrived at the nursing home to get some questions answered, on February 4, 2011, that the report was sent in to the state health department.

The spokeswoman for Trilogy Health Services, Leslie Knox, told the press, "…The incident in question, which occurred approximately 21 months ago, has since been reported to the state. At no time did the affected resident fail to receive the proper or appropriate treatment for this unfortunate accident. This was simply an oversight in the time frame for reporting the incident to the state…"

However, the attorney general's complaint states that the first time B.R. fell at the nursing home was on December 29. In that incident she was discovered by a nurse and found to be uninjured. At the time of her second fall, on January 26, 2011, she was diagnosed with a frontal scalp hematoma with abrasions and a fractured third vertebra in her neck. In both incidents, B.R. an Alzheimer's patient, was alone when she fell.

After the January 26 hospitalization, she was discharged back into the nursing home and died approximately 48 hours later. The February 2, 2011 autopsy report stated, "Six days ago, the decedent, a nursing home resident, fell onto her face from a wheelchair ... and was taken to the hospital emergency department ... She was given a cervical collar and discharged ... She died two days later. No call was made to the coroner at that time."

The cause of death, ruled accidental, was listed as arteriosclerotic (hardening of the arteries) cardiovascular death with a contributing factor of neck injury from fall.

Attorney David Sneden is representing the family in the lawsuit and cites Trilogy for negligence, wrongful death, breach of contract, medical malpractice and negligent infliction of emotional distress.

R.P. stated that she "personally witnessed the lack of health care services provided to (B.R.) and its resulting aftermath, the death of her mother."

The Morrison Woods nursing home was given a four-star above average rating by Medicare.

A wrongful death, whether or not it occurred in a nursing home, is cause for filing a lawsuit. Sue for your damages when you contact a personal injury lawyer today!

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