A troubled Wyoming nursing home with a history of deficiencies and personal injury and wrongful death claims made against it has reportedly settled the personal injury claim of one of its residents who was negligently struck by a van owned by the nursing home and operated by its employee, as the legally blind resident stood on the handicap ramp waiting for his ride. The confidential settlement was reached on November 1, 2016. The resident’s nursing home negligence case that was filed in the United States District Court for the District of Wyoming was formally dismissed on December 6, 2016.
The resident’s federal nursing home negligence lawsuit alleged that the defendant nursing home negligently failed to have someone stand with him on the handicap ramp in March 2014, and that the defendant nursing home was understaffed (there have been occasions when only one nurse and one nurse’s assistant were in the nursing home facility during the night shift to respond to the needs of over 100 residents, resulting in some residents waiting up to eight hours to be assisted to the bathroom, according to reports). The lawsuit alleged that the man suffered personal injuries as a result of the incident and that he still has pain in his right arm.
An Ongoing Pattern Of Deficiencies?
The Centers for Medicare and Medicaid Services (“CMS”) reportedly has inspected the Wyoming nursing home at least ten times from January 2014 to January 2016, and CMS has cited the defendant nursing home for 90 deficiencies since January 2014. CMS has rated the defendant nursing home “below average” and in need of close monitoring due to a “history of persistent poor quality of care.” The inspection reports reportedly state that the nursing home repeatedly failed to adequately record, investigate, and resolve complaints regarding living conditions within the nursing home. It has also been reported that the nursing home failed to correct deficiencies for which it was cited prior to January 2014.
The defendant nursing home has been sued at least six times in the past six years by the families of residents who either died or who were seriously injured due to alleged nursing home negligence or nursing home neglect. The nursing home settled four of the nursing home negligence lawsuits for undisclosed sums and one of the lawsuits is still pending. A jury found the nursing home to have been negligent in another lawsuit, but awarded no monetary damages. The most recent federal lawsuit against the nursing home that was filed in December 2015 alleges that a resident lived in severe pain for more than a month before her fractured femur and ankle were finally diagnosed and treated.
If you or a loved one suffered injuries (or worse) while a resident of a nursing home in Wyoming or in another U.S. state due to nursing home neglect, nursing home negligence, nursing home abuse, or nursing home understaffing, you should promptly contact a nursing home claim lawyer in Wyoming or in your U.S. state who may investigate your nursing home claim for you and file a nursing home case on your behalf, if appropriate.
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