Oft-Cited Nursing Home Named in Wrongful Death Lawsuit

Posted by PKSD Law Firm on Jan 05, 2011 in Cases Filed

MILWAUKEE, WI Attorney Jeffrey Pitman of Pitman, Kalkhoff, Sicula & Dentice, S.C. filed a nursing home neglect and wrongful death lawsuit today on behalf of a Milwaukee woman who died from complications after she fell at Mt. Carmel Health and Rehab, a Kindred Healthcare facility.

The resident was admitted to Mt. Carmel on November 1, 2005, with a significant risk for falls requiring the implementation of several preventive measures by the facility to ensure her safety. Among the measures to be implemented was a Broda chair. Broda chairs are used for residents who are a high risk for falls and need to be protected from injury when seated. The chair is designed so that a resident is seated in a reclined position making it virtually impossible for a resident to fall out of the chair.

The resident experienced her first fall just five days after her admission when she fell from her bed and was found on the floor of her room by Mt. Carmel staff. The residents falls would become a recurring problem over the next few months. However, Mt. Carmel did not implement reasonable safety measures to prevent the falls.

Mt. Carmels failure to use the Broda chair correctly caused the resident to fall out of the chair onto her head. She landed face first, was unconscious for approximately five minutes, and suffered a subdural hematoma bleeding in the tissue surrounding the brain. The brain injury led to her death from pneumonia, a complication of the subdural hematoma.

The complaint, filed in Milwaukee County Circuit Court, alleges that Mt. Carmel failed to accurately and thoroughly assess the residents risk for falls and implement safety measures to prevent her from falling. The complaint further alleges that the facility and its staff failed to keep the resident as safe as possible.

This lawsuit comes one year after Mt. Carmel Health and Rehab was cited for 16 federal violations and found to have provided substandard care in the category of quality of life for residents.

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