Articles Posted in Inadequate staffing

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Helen Ende was 89 years old and suffered from dementia. While she was a resident at Parkside Manor, she was allowed, unnoticed, to wander off the premises and remain outside in the cold for almost seven hours before the nursing home staff realized she was missing. She froze to death. Ende is survived by her son.

Ende’s son, on behalf of her estate, sued Parkside Manor’s parent company, Encor Wisconsin LLC, alleging that its manager and staff disregarded Ende’s safety rights.

The Ende estate maintained that Encor’s policy required staff members to account for all residents after an alarm sounds. But on the night of Ende’s death, the three workers on duty chose not to follow this policy. The estate also alleged that one worker left the nursing home facility for multiple hours during his shift.

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Barbara Ouimette was admitted to Rosewood Care Center in St. Charles, Ill.  At the time, she was at high risk of skin breakdown. She also required assistance with activities of daily living.

Over the next several years, she experienced significant weight loss and developed a right buttock wound and pressure sores on her coccyx and sacrum.  Although she underwent wound care, she passed away.

Ouimette’s estate sued the facility’s owner and operator, alleging that they chose not to assess her skin condition, provide proper nutrition and ensure proper staffing at the nursing home facility where she was living.

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Ms. Doe was transferred to Roe Nursing Home after suffering fractures from falls.  Her doctor’s orders instructed nurses at the nursing home to regularly assess the skin around Ms. Doe’s cast to detect skin breakdown, swelling and changes in color. The nursing home nurses were also instructed to cleanse and apply treatment to Ms. Doe’s leg ulcer each day.

Within two weeks, Ms. Doe was returned to the hospital where she was diagnosed as having a gangrenous wound and maggots crawling out of her cast. Unfortunately, Ms. Doe required an amputation of her right leg.

Ms. Doe sued the nursing home alleging that it had chosen not to comply with her physician’s orders and to provide the needed wound care. The defendant nursing home countered that Ms. Doe’s extreme obesity and uncontrolled diabetes made amputation likely even in the absence of the nursing home’s wrongdoing.

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Sam Rios Jr., 86, was admitted to Pine Creek Care Center for a rehabilitation stay after suffering a fractured hip. Over the next two weeks, he developed two pressure sores. One of the pressure sores was diagnosed as being Stage IV. Rios died almost a year later and suffered pain and debilitation until his passing.

Rios’ successor in interest and his children sued Daisy Holdings LLC, Pine Creek’s parent company, and other corporate entities, alleging elder abuse, under-staffing, custodial negligence, constructive fraud, violation of patient rights, wrongful death and alter ego liability.

The lawsuit alleged that these defendants had placed profits over patient care, chose not to prevent Rios from developing the pressure sores and failed to properly care for Rios once the pressure sores were identified.

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Ms. Doe, 93, suffered from dementia and lived at the Roe Care Center. Her condition necessitated that she receive extensive assistance with transfers to and from her recliner, including when she needed to use the bathroom.

When Ms. Doe called for assistance, two aides allegedly responded and used the recliner to raise her to a standing position. The aide then allegedly assisted Ms. Doe to the bathroom and brought her back to the recliner. She was left in a standing position. The aide did not assist Ms. Doe in getting back into her chair.

As a result, Ms. Doe fell and fractured her left leg, which required surgery. The procedure left Ms. Doe bedridden and completely immobile, which in turn led to the development of pressure sores.

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Colvin Towns was admitted to the Camden Nursing Facility in 2008. He suffered from many and various health conditions, including congestive heart failure, bowel and bladder issues, cognitive loss and diabetes.

In 2016, he was sent to a hospital emergency department, where he was diagnosed with having nursing home-acquired pneumonia, respiratory failure and septic shock. Towns, who was in his 60s, died eight days after that hospitalization. He was survived by his two adult children.

Towns’s estate sued the nursing home, alleging that it chose not to provide sufficient staff and failed to implement an adequate care plan. The lawsuit maintained that the nursing home defendant failed to respond to Towns’s needs, including keeping him safe and free from developing pneumonia.

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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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Mr. Doe suffered from several health conditions. He had atrial fibrillation and diabetes and he had undergone amputation of his right leg.

When Doe was admitted to Roe Nursing Home, he was deemed a fall risk. However, a fall prevention plan was not put in place at the outset. He fell multiple times and suffered minor injuries. He later rolled out of bed after using a remote control that elevated his bed to the highest position.

As a result of that fall, Doe suffered a fractured left femur and underwent surgery. Unfortunately, he died the day following surgery.  The lawsuit alleged that the nursing home was liable for Doe’s injuries and subsequent death. The plaintiff asserted that his death resulted from the defendant nursing home’s numerous breaches of the standard of care related to fall protection.

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Joseph Falarski, 88, suffered from dementia and other illnesses. He was admitted to the Grand Rapids Home for Veterans. While living at the nursing home, he fell multiple times, including while left unassisted in a bathroom and during transfers.

As a result of these falls, Falarski suffered serious injuries, including a subdural hematoma, facial fractures and lacerations.

Falarski’s health deteriorated after his last fall, which led to his premature death from complications related to his fall fractures. He was survived by his wife and four children.

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Guillermina Ruvalcaba suffered from various health conditions, including dementia and neuropathy. She had also undergone bilateral leg amputations.

After being hospitalized for diabetic ketoacidosis, she was admitted to Hacienda Heights Healthcare & Wellness Centre, an unlicensed skilled nursing facility.

Ruvalcaba’s admission assessment indicated that she was a fall risk due to her leg amputations. Approximately one month later, she wheeled herself without assistance to the facility’s day room. While still unsupervised, she fell out of her wheelchair and suffered a subarachnoid hemorrhage. An investigation into the incident led to a nursing director’s determination that her fall was unavoidable.

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