Indiana Nursing Home Hit With 3rd Wrongful Death Lawsuit

A nursing home in Kokomo, Indiana, is now facing its third wrongful death claim in the last three years, reports The Kokomo Perspective.

The care center, Aperion Care Kokomo, is the focus of the suit related to the death of Sicely Daulton. The Daulton family is alleging the facility was negligent in her care and that she was left unattended in the shower, which resulted in a fall and a broken leg. Due to a previous amputation, Daulton only had one leg.

The complaint in this case states that Daulton fell on March 1 of last year after being left alone in the shower. A staff member called emergency services once she was discovered and admitted to the 911 operator that the fall was not witnessed. However, as noted in the court documents, it’s alleged that the facility attempted to cover this up by altering the nursing record to suggest Daulton’s fall was witnessed by other people and that it occurred because she let go of her wheelchair.

A representative of the family noted that medical records in cases like this do not always reflect reality once facts are examined and additional investigation is carried out. It was a person working for the Daulton family who uncovered the 911 recording that contradicted what was reported in the staff-supplied medical records.

In addition to this fall, the Daulton family says the elderly woman experienced at least another 15 falls between the first of January 2015 and the final incident in March. Because of this, the family is taking the position that the facility knew she was at a high risk for falls, but they still did not provide sufficient assistance and supervision to prevent these types of accidents.

Daulton’s leg was severely broken in the March fall. Despite this, the court documents show that a staff nurse at the facility decided to move her back to her room and put her on the bed before calling emergency services. Three Aperion Care Kokomo workers also lifted Daulton back into her shower chair and did not stabilize the fracture immediately after the fall. Post-fall, the elderly woman suffered in her debilitated state until she passed away in June 2017.

In 2015, the facility settled a wrongful death claim from other another family whose relative fell and later died at the nursing home. A second lawsuit, filed earlier in 2017, saw the family winning a default judgment (an award usually granted to plaintiffs when the defendant fails to respond), but that was set aside so both sides could negotiate a settlement.

Poor care of elderly adults and their resulting deaths are, unfortunately, all too common in nursing homes across the US. According to the Nursing Home Abuse Center, 95 percent of nursing home residents reported some type of neglect over the last year .

If you have lost someone you love because of another person’s lack of action or malicious behavior, speak to an experienced attorney, like a wrongful death lawyer Denver CO trusts, about your case as soon as possible.

Thanks to our friends and contributors from Richard J. Banta, P.C. for their insight into nursing home and wrongful death practice.