Nursing Home Sued for Resident’s Death

A Daytona Beach nursing home has been sued for the wrongful death of one of its residents, according to court documents filed in late October in Pinellas Circuit Court in Florida. According to the complaint, James A. Evensen suffered from multiple illnesses while in the nursing home, including urosepsis, malnutrition, dehydration, and pneumonia, among other complaints. After being transferred to Halifax Hospital, he died on July 10, 2015.

The representative for the estate filed suit on October 19, 2015, for negligence and wrongful death, claiming that the nursing home was negligent in how it treated, cared for, and monitored its residents. Furthermore, the plaintiff alleged that the nursing home failed to adequately supervise and monitor Evensen and did not have adequate staff to provide care. The plaintiff also alleges that the nursing home did not inform Evensen’s family and doctor of his condition. The plaintiff seeks more than $15,000 in damages as well as court costs and attorney fees.

When Is a Nursing Home Negligent?

Nursing homes can be held responsible if they abuse patients by, for example, slapping, punching, or sexually assaulting them. But nursing homes can also be held legally responsible for their carelessness, which can rise to the level of “negligence.” Nursing homes can be negligent in a variety of ways. Consider some of the following:

  • The nursing home was careless in its hiring procedures. For example, it didn’t call references or perform criminal background checks.
  • The nursing home was negligent in supervising residents. If a resident falls or otherwise hurts themselves, then the nursing home can be held legally responsible.
  • The nursing home did not keep the premises clean or safe, which can include failing to keep residents from harming each other or failing to ensure no one slips and falls.

What to Do if You Suspect Neglect or Abuse

If you observe or suspect that a nursing home is not treating its residents properly, you can help correct the issue. Don’t ignore common signs of abuse or neglect. Instead, document them as best as you can by writing down the date and explaining what you have observed. Neglected nursing home residents often present the following:

  •         Bedsores
  •         Sudden weight loss or gain
  •         Fearful attitude to nursing home staff
  •         Multiple illnesses, which are not treated adequately or promptly
  •         Unclean conditions

As a first step, you should make a complaint (written or oral) to the nursing home administrator. If the administrator’s response is unsatisfactory, you can file a complaint with the Georgia Long-Term Care Ombudsman Program. And you should meet with an experienced nursing home lawyer to consider whether you can take legal action.

Contact an Atlanta Nursing Home Attorney Today

Sick and elderly family members are in a vulnerable position, and nursing homes have powerful law firms representing them. You’ll need a skilled attorney in your corner to hold nursing homes accountable for their negligence. At Slappey & Sadd, we have decades of experience bringing negligence suits against long-term care facilities. Contact us today at 404-255-6677 for a free and confidential consultation. We serve the entire state of Georgia, including Troup County and Whitfield County.

Esteemed Lawyers - ELOA
Georgia Trial Lawyers Association Badge
Georgia Trend
Best Lawyers
Super Lawyers Badge
AV Preeminent - Martindale-Hubbell
Top 100 Trial Lawyers
Litigator Awards
Atlanta Bar Association
American Bar Association
State Board of Workers' Compensation
Million Dollar Advocates Forum
State Bar of Georgia
Avvo Rating 10.0 Superb