Nursing Home Sued After Woman Dies Beacause of Disloged Breathing Tube

The daughter of one nursing home resident has sued the facility after their mother died in August of 2010 after her tracheostomy tube became dislodged after getting caught on the side rail of her bed. The woman's care plan required two assistants help her in and out of bed. But in August 2010, while an assistant was moving her without the aid of another person, the woman became caught.

The aide the called a registered nurse for help, who explained that the resident was fearful and said that she couldn't breathe. The woman's breathing tube had become completely dislodged. She required hospitalization, where she later died. The nursing assistant later claimed she cared for the resident by herself all the time.

The facility mailed a check for $100 to the woman's daughter for the fine the facility had to pay the state for what happened. The woman's daughter refuses to cash the check, claiming it's a slap in the face. Instead, she has filed a wrongful death lawsuit in hopes of preventing the situation from ever happening again. 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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