Family Files Lawsuit After Mother Dies from Nursing Home Fall

The family of a nursing home resident who died last year after a fall is suing the nursing home, claiming medical malpractice.
The woman died Aug. 11 at the age of 89 at the at the facility, and two of her children have filed the lawsuit. The nursing home is expecting to seek resolution through arbitration and says the the family signed a contract upon admission to arbitrate any disputes. According to state documents the facility properly reported the fall, and it was determined that no investigation was necessary because workers made appropriate interventions to prevent the fall and acted appropriately when she did. 

 The woman's death certificate lists cause of death as an accident, noting a broken neck. After suffering a neck fracture from a fall in May of 2009, the woman was put in a neck brace (or halo). The neck brace caused  the skin on her neck to rub and tear off, requiring the need for “aggressive wound care with debridement,” or removal of dead tissue. The woman died two months later from complications of the neck fracture. The family claim that the facility failed to properly assess her risk of falls, did not develop adequate interventions and failed to properly train staff. For more, read the story.

Robert W. Carter, Jr. is a Virginia attorney whose law practice is dedicated to protecting the rights of the victims of nursing home and assisted living neglect and abuse in Richmond, Roanoke, Norfolk, Lynchburg, Danville, Charlottesville, and across Virginia.

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