Nurse Assistant Fired for Helping Resident Call 9-1-1 After Fall

Posted on behalf of Jeff Pitman on January 29, 2024 in Nursing Homes and Elder Rights

male judge in courtroom striking gavelFamilies may often have to make the difficult decision to place a loved one in a nursing home, but some elderly individuals make that decision for themselves. Whatever the reason for moving to a long-term care facility, residents have a legal right to expect several things, including quality of care, being treated with dignity and the protection of their rights. Therefore, it is disturbing to read about facilities where residents receive substandard care and facility management shows no regard for residents’ rights.

AT PKSD, we advocate for injured victims every day. We have seen firsthand what happens when nursing homes violate their legal duty and cause harm to the vulnerable elderly in their care.

If you need legal help, contact our trusted law firm to discuss your situation. We offer a free case review to determine if you may have legal options.

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Why One Nurse Assistant Was Fired for Helping a Resident Call 9-1-1

A news article recently reported that Kandus Jellison, a former certified nursing assistant, is suing Care Initiatives, one of the leading nursing home chains in Iowa, for wrongful termination. Jellison claims she was fired from Oakwood Specialty Care in Albia for helping a resident call 911 against her supervisors’ instructions.

The incident happened in June 2022 when Jellison responded to an emergency involving a resident who had fallen and wanted to go to the hospital for treatment. The nursing director, Olivia Oshel, decided against it, preferring to treat the resident in-house. Despite this order, Jellison assisted the resident in seeking ambulance assistance, facing resistance from Oshel and the nursing home administrator, Nicole Behrens.

Jellison was later escorted out and informed of her termination for disobeying orders. Her lawsuit alleges wrongful termination, emotional distress and violation of laws protecting dependent adults. She argues the facility denied the resident’s rights to health care decisions and communication.

The state substantiated Jellison’s complaint, and Oakwood was cited for inadequate nursing supervision and other violations. The Centers for Medicare and Medicaid Services imposed additional fines and gave the facility a one-star rating, the lowest possible rating a facility can have.

This case underscores the serious challenges families and residents face in nursing home care concerning the rights of patients and the care they receive. Care Initiatives and the co-defendants have yet to respond to the lawsuit.

Need Legal Help for a Loved One in a Nursing Home? Call PKSD.

At PKSD, our nursing home abuse attorneys are deeply committed to ensuring the protection of residents living in nursing homes. We have been helping the elderly injured by the negligent and abusive actions of nursing home facilities for decades and we have a history of proven results.

Need legal help? Call our trusted law firm to learn more about your legal rights and how we may be able to help. We do not charge anything for an initial consultation, and there are no upfront costs to pay if we take your case. We only get paid if you do. We currently accept nursing home cases in Wisconsin, as well as Iowa and New Mexico.

PKSD. Experienced Lawyers. Proven Results. 877-877-2228

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