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Shower death leads to wrongful death lawsuit

Fatal accidents caused by negligence can happen in the most unexpected places and even in locations that are supposed to be monitored and especially safe. In one case, the family of a nursing home resident filed a wrongful death lawsuit against the Kokomo facility after a resident died from injuries suffered in a fall in the shower room.

The victim was a 75-year-old amputee who had one leg. As a patient at the home in March 2017, staff took her to a shower room. She was left standing on her only leg in the shower room without assistance, according to the suit.

Staff reported that they found the victim in the shower with her leg angled in a twisted position over her right thigh. She was screaming and later ranked her pain as a 20 on a scale of one to 10, according to the complaint. However, a nurse inexplicably moved her back to her room and placed her into bed before calling an ambulance.

According to the lawsuit, staff at the facility reportedly first claimed that they did not witness this fall during a 911 call. However, the plaintiffs charge that the staff falsely documented the incident to make it seem like they did witness accident and that the fall was caused by victim failing to hold on to a wheelchair.

The victim was later diagnosed as suffering a displaced fracture in her femur and underwent surgery two days after her fall. Over the next several months, according to the lawsuit, she suffered in a weakened state. She died in June 2017.

The complaint charges that she suffered 16 falls at the nursing home over two years but did not provide proper supervision and devices to prevent these accidents. The family alleged the staff's actions was a direct or proximate cause of her death.

The nursing home experienced other actions. The Indiana State Department cited the facility for violating state and federal quality-of-care regulations. Another wrongful death lawsuit was filed against the home in 2016 claiming that a resident died from injuries suffered from a fall at the facility.

An attorney can help families seek damages for the death of a loved one in a fatal accident caused by negligence or failing to comply with the law. Experienced lawyers can help gather evidence for a cause of action.

Source: Kokomo Tribune, "Aperion Care Kokomo hit with a wrongful death lawsuit after patient falls in shower," Carson Gerber, March 1, 2018

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