By Kim Gale  |  March 20, 2018

Category: Consumer News

nursing home neglect elder care senior womanA nursing home fall and fracture lawsuit has been filed by the family of a woman who died after repeated falls, despite the facility’s awareness she had an increased risk of falling.

Plaintiff Donna D.’s mother Marie, 87, died from falls incurred while in the care of John J. Kane Regional Centers – Scott Township. According to the nursing home fall and fracture lawsuit, her death on June 21, 2016, was avoidable had it not been for the alleged negligence of John J. Kane’s staff.

Marie’s story began on March 2, 2015, when she was admitted to Washington Commons Personal Care Home. While at that assisted living facility, Marie was diagnosed with severe dementia, depression, and high blood pressure.

While at Washington Commons, Marie fell on Oct. 20, 2015, and again on Feb. 22, 2016. After the second fall, she was admitted to the hospital for a broken left hip. She underwent hip replacement surgery, and a surgeon installed a pacemaker.

Because of her severe dementia and her history of falls, Marie was placed on 24-hour surveillance. A hospital employee stayed with her, and Marie was monitored on a video camera. The hospital also placed padding around her bed as an added precautionary measure.

On Feb. 27, 2016, Marie was transferred to John J. Kane Regional Centers – Scott Township’s rehabilitation unit. The plaintiff claims John J. Kane had access to all of Marie’s medical records and was briefed regarding her medical history and her condition, including the fact that she was at high risk for additional falls.

The nursing home fall and fracture lawsuit contends John J. Kane performed its own Fall Risk Assessment and gave Marie a score of 24. The facility considers a patient with a score of 14 or higher to be at “risk for falling” and has the “potential for accidental falling.”

Marie’s chart noted that she had advanced dementia and that after a fainting episode, she had fallen and fractured her left hip. She was considered a “falls risk,” required “maximum assistance,” and “needed monitoring 24/7.”

Nursing Home Fall and Fracture Risks Increased by Meds

Donna alleges that on Feb. 28, 2016, one of John J. Kane’s pharmacists warned facility staff that Marie was on several medications that could cause her to fall more easily due to sedation.

The nursing home fall and fracture lawsuit contends those medications altered Marie’s mental state, “over-sedated her, and caused her to be unable to protect herself.”

While at John J. Kane, Marie allegedly fell five times in 2016–on March 1, March 2, March 5, March 8 and March 15.

As a result of the March 8 fall, she hit her head and received a cut that caused blood loss, which caused her to go to the hospital. On March 15, she fractured her right ankle upon falling, which led to another hospital admission.

Donna believes John J. Kane failed to abide by its own post-fall protocols to protect her mother, who ended up in a wheelchair after her ankle and leg were had to be put in a cast. She endured painful and extensive physical therapy and “suffered from extreme and excruciating pain that reduced her to a sedentary lifestyle for the remainder of her life,” says the nursing home fall and fracture lawsuit.

The Nursing Home Fall and Fracture Lawsuit is Case No. 2:18-cv-00242-CRE in the U.S. District Court for the Western District of Pennsylvania.

In general, nursing home neglect lawsuits are filed individually by each plaintiff and are not class actions.

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