Resident Dies After Senior Living Facility Sent Him Home in Uber
Posted by PKSD Law Firm on February 26, 2020 in Nursing Home Abuse
Residents may be discharged from an assisted living facility for several reasons. Sometimes the person chooses to leave the facility or in other situations, a resident may be discharged involuntarily. A Pennsylvania senior care facility is facing a federal lawsuit after discharging a resident without proper notice and sending him home on a three-hour Uber ride that resulted in his death.
The complaint, filed on behalf of the resident’s family in U.S. District Court in Scranton, charges Twin Cedars Senior Living and its successor, Little Walker Holdings, with negligence and wrongful death.
Short-Lived Stay at the Facility
In July 6, 2018, the resident moved into Twin Cedars and while staying at the facility suffered from hypertensions, heart disease and bone cancer. By September of 2018, the administer of the facility had already devised a plan to send the resident home using a ride-hailing service, completely disregarding instructions from a licensing supervisor at the Pennsylvania Department of Human Services.
The resident was unsafely discharged and sent to his Toms River home, more than a three-hour drive in an Uber. It was during that ride that he began vomiting and eventually became unresponsive.
By the time he arrived, the resident had suffered a stroke and heart attack. He was rushed to Barnabas Health Community Medical Center, where he was intubated and placed on a ventilator in the hospital’s intensive care unit. The resident was then taken to another nursing facility where he died a year later.
License Revoked for Unsafe Discharge
The Pennsylvania Department of Human Services revoked Twin Cedars’ license in December of 2018 for failure to provide a 30-day discharge notice and for violating the licensing regulation that states that anyone who causes a resident to suffer neglect, intimidation, physical or verbal abuse, or mistreatment is subject to corporal punishment or discipline in any form.
Twin Cedars is currently operating under a provisional license with temporary restrictions and a new administrator has been listed on the facility’s site.
Resident Rights and Assisted Living Discharges
Residents have certain rights that protect them from being discharged without cause. Assisted living facilities are required to follow state and federal regulations when it comes discharging residents.
Under Wisconsin law, a resident cannot be discharged from a facility unless:
- There is a request or informed consent from the resident or guardian
- Nonpayment of charges, following a reasonable opportunity to pay
- Care requirements beyond a facility’s license or scope to provide
- Medical emergency or medical reasons ordered by a doctor
- Health, safety or welfare of the resident or other residents is in danger and documented
- Resident does not need nursing home care
- Short-term care period expires
- Other reasons permitted by law
A reasonable advanced notice – at least 30 days – must also be provided with a written explanation as to why a resident is being discharged.
Call Our Lawyers If You Suspect Mistreatment
If you believe your loved one is being mistreated in a nursing facility or is facing an unfair discharge, you may be able to take legal action. The legal process can be difficult without an experienced lawyer on your side who is well-versed in handling these cases and will fight for your rights and best interests.
The Wisconsin nursing home abuse lawyers at PKSD have decades of experience helping injury victims with a successful track record recovering millions in compensation for our clients. Partner Jeffrey Pitman is a member of the Nursing Home Litigation Group of the American Association for Justice.
Our consultations are 100 percent free with no risks or obligations. If you have a viable case and decide to move forward, we do not receive payment for our services unless you obtain a recovery.
Contact our office today by calling 877-877-2228.