Negligent Nursing Home Faces Lawsuit

An assisted-living facility in North Carolina is facing a civil lawsuit over charges of negligence that resulted in the death of one resident and the serious injury of two other patients. The suit specifically alleges that the employees at times disregarded the health plans of the patients and went weeks without reporting serious injuries. Jesse James Deconto of the Raleigh News & Observer has these details:

Last year, CMS ordered Britthaven of Chapel Hill to pay $216,400 in fines because it was out of compliance with Medicare requirements. Those penalties stem from the case of Mary Lou Barthazon, a 95-year-old woman who likely broke both thigh bones near her knees on Sept. 30, 2007, when a nursing assistant dropped her while trying to lift her from a chair to her bed, according to a federal judge.

The nursing assistant ignored Barthazon’s care plan, which required a mechanical lift. Her fractures went untreated for two weeks because the nursing assistant did not report the incident. Barthazon’s daughter, Anne Blanchard, insisted Barthazon go to the emergency room on Oct. 14. She died four days later.

Perhaps the most incredible quote to come out of this case was from the defense lawyer for the nursing home, who in a motion to dismiss the lawsuit denied the claim that “(the nursing home) had a duty to supervise or control the clinical care, treatment, or judgment of any healthcare provider.” This is a scary proposition indeed that those with whom we trust our elderly are not responsible to supervise the care given to our loved ones.

At PERENICH The Law Firm, we firmly reject flimsy excuses offered by negligent care facilities that try to shed responsibility. Our elderly loved ones deserve to be responsibly cared for pursuant to the agreements signed when choosing a nursing home to reside in. Our skilled team of lawyers constantly fights against nursing home negligence in Clearwater, Pinellas, and the Tampa Bay area, and we are committed to assisting the most vulnerable residents in our state. There is no excuse for negligence within nursing homes.