One of the most frequent causes of nursing home injuries is also a common injury resulting form basic negligence: falls. When sedentary patients are transferred from a bathtub to a bed or anywhere else, there are procedures put in place to ensure that the process happens safely. Since older folks tend not to have the sturdiest bones, even a fall from a short distance can prove disastrous. In one instance it proved fatal.
The family of a 101-year-old woman has sued the nursing home where she resided. They allege that the individual on staff who was responsible for transporting her from her bath to her bed botched the process, dropping her to the ground. The woman suffered serious injuries and eventually died as a result of the fall.
Her story is not as unusual as you would think.
Nursing homes have been in the headlines recently for putting their patients in danger. In some instances, this involves a lapse in medical care which would have to be litigated under medical negligence. In other cases, when the negligence does not involve a medical decision, plaintiffs can sue under basic negligence laws. Basic negligence lawsuits are not over-regulated like medical malpractice lawsuits. It is much easier to file a claim for basic negligence than it is to file a claim for medical negligence.
Failure to follow protocol
After the woman’s death, an investigation revealed that the individual who was operating the lift – the machine used to transfer sedentary patients from one place another – failed to follow protocol and this resulted in the woman falling out of the lift and onto the floor. The woman’s family filed suit against the nursing home alleging that it failed to screen its employees. The employee involved in the accident was wanted on a manslaughter and neglect charge.
The woman suffered extensive injuries to her lower body including multiple bone fractures. She never fully recovered from these injuries and later died.
The Department of Health investigation concluded that the individual who was responsible for operating the lift and transferring the patient onto it failed to elicit the aid of a second employee. They found the individual in violation of other safety standards as well. Further, the individual who was responsible for the woman’s death knew in advance that the woman required two staff members to transfer her from the tub to her bed. This individual simply failed to follow the care plan.
The nature of her injuries was such that the woman suffered extensively before she died. She had multiple bone breaks and fractures in her legs, hips, and ankles. Had the nursing home employee simply followed the care plan she would not have suffered the extensive injuries that she ended up suffering.
Has your loved one been injured in a nursing home?
If you or someone you love has been injured by falling or being dropped in a nursing home or hospital, give the Tampa, Florida malpractice attorneys at Palmer | Lopez a call or contact us online, and we can begin on your case immediately.
Resource:
valleynewslive.com/content/news/Family-sues-nursing-assistant-staffing-agency-for-101-year-olds-death-487560931.html
