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Posted On: January 10, 2009 by Steven J. Malman

Nursing Home Negligence Lawsuit Claims Aunt Dropped by Workers is Wheelchair Bound for Life

The niece of a 65-year-old nursing home resident is suing a long-term care facility for nursing home negligence. Melody Lucero says that nursing home workers at North Platte Care Centre, now called Premier Estates, dropped Hazel Earll onto the floor. As a result of the fall accident, she suffered serious injuries and must use a wheelchair for the rest of her life.

The nursing home, its parent companies Davbo Co. LLC and Boyle Company Inc., and nurse practitioner Pamela Barr are just some of the defendants named in the nursing home neglect lawsuit. According to the complaint, in November 22, 2006, Earll, who is mentally retarded and had just undergone hip replacement surgery two days before, was admitted to the North Platte Care Centre for additional rehabilitation.

Two days after she was admitted to the nursing home, NPCC workers were transferring the 65-year-old patient to the bathroom when they accidentally dropped her. The lawsuit contends that Earll’s right elbow, the right side of her forehead, and her cervical spin were injured from the fall. She also fractured her new right hip, which led to an infection.

On November 30, Earll was taken to an emergency room because of extreme distress caused by pain. X-rays showed that her hip was broken in three places. She now requires the use of a wheelchair to get around.

The nursing home neglect lawsuit accuses NPCC of reckless disregard and claims that nursing home workers were not told about the full scope of Earll’s care requirements and needs. The complaint contends that the ratio of nurse to resident at the home is low enough that staffers ignore patients’ needs and that NPCC marketed their home to prospective patients with higher custodial care and medical needs than the nursing home chain could actually provide.

Earll's niece, Melody Lucero, is also accusing NPCC of failing to prevent her aunt from becoming the victim of nursing home abuse and neglect, failing to help her maintain good oral hygiene, failing to provide adequate nursing staffing, failing to provide a proper nursing care plan for Earll, failing to maintain proper clinical records, and failing to tell Earll’s family and doctor that her care plan needed to be modified.

Nursing Home Fall Accidents
Elderly and sick nursing home residents are at risk of sustaining serious injuries anytime they are involved in fall accidents. Nursing home workers are supposed to take preventive steps to make sure such accidents do not happen.

NP woman sues retirement home for negligent care, North Platte Bulletin, December 27, 2008

Maximize the Benefits of Hip Replacement with Rehabilitation, AAPMR.org


Related Web Resource:

Falls in Nursing Homes, CDC

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