The care and treatment that Plaintiff received while at Defendant’s facility fell well below the prevailing standard of care, and also constituted a violation of her statutory nursing home residents’ rights, including but not limited to, the right to receive adequate and appropriate healthcare; the right to be free from abuse; and the right to be treated fairly and with the fullest measure of dignity. Defendant’s own documentation clearly shows that the staff was negligent in its care and treatment of Plaintiff throughout her stay there. As a result, Plaintiff suffered needlessly, both physically and emotionally. In short, during her stay at Defendant’s facility, Plaintiff received substandard care at the hands of an unsympathetic and indifferent staff, ill-equipped to meet her needs. As a result, Plaintiff’s family decided to take her out of Defendant’s facility; they had lost all confidence in the staff. Defendant’s facility had failed to provide the care and treatment that it had promised to provide to Plaintiff.
Part 4 of 4 – Several Falls
Because the staff failed to respond, or timely respond, to Plaintiff’s bed and chair alarms, failed to assist her to the bathroom as needed, and failed to sufficiently monitor her, Plaintiff fell several times while at Defendant’s facility. Her first fall occurred on 8/8/06. She was found face down on the floor in front of her wheelchair. The wheelchair alarm was sounding. When staff finally arrived to assist her, Plaintiff was sent to the emergency room for evaluation and was diagnosed with a large scalp contusion to her right forehead; a contusion to her upper right arm; and a severe black eye. She was in pain.Plaintiff fell again about a week later, on 8/15/06. She was found on the floor in her room; her alarm was sounding; her roommate was in the hallway yelling for staff to help the Plaintiff. When staff finally arrived, Plaintiff explained that she needed to use the bathroom. According to the chart, staff documented that Plaintiff suffered no injuries as a result of this fall. Pictures taken by the family at the time, however, document significant bruising.Both of Plaintiff’s falls at Defendant’s facility should have, and could have been prevented, had the staff simply responded to Plaintiff’s bed and chair alarms, assisted her to the bathroom as needed, and monitored her sufficiently.