Oregon Nursing Home Sued for $1.27M in Wrongful Death Lawsuit

The nursing home staff of Avalere Court at Keizer is the subject of a $1.27 million lawsuit filed in Marion County Circuit Court. The lawsuit involves an incident in 2015 when a woman fell at the nursing home. The lawsuit alleges that the staff was negligent in their actions and are also being accused of abuse of a vulnerable person.

Oregon’s Department of Human Resources conducted their own investigation into the matter, finding that the nursing facility failed to provide a safe environment or the care that the woman required after her fall.

The facility, featuring 69 beds, is licensed and routinely inspected. At the time of the incident, the nursing home was certified and licensed. The lawsuit mentions an 86-year-old woman that fractured her hip, she had a history of falling.

The patient care plan that the nursing home develops for each patient required at least one staff member stay with the woman when she is getting out of bed or going to the restroom. The lawsuit alleges that the staff failed to help the woman to the bathroom in a timely manner, and the incident was brought to the attention of staff by the woman’s daughter prior to her death.

As a result of not responding to calls in a timely manner, the woman would either soil herself or try and make it to the bathroom by herself despite a high risk of falling. The woman admitted the day before her death to her family and physical therapist that she would try to walk to the restroom to avoid embarrassment and soiling herself because of the negligent staff.

The woman fell on December 24, 2015 while trying to get out of bed, hitting her head on the sink and tile floor. She was rushed to the hospital, but later died. The facility was fined $2,500. The lawsuit alleges that staff was ill-trained and also didn’t take the appropriate measures to prevent the accident.

Oregon’s Department of Human Resources found multiple incidents of neglect dating to May 2016, including failing to care for bed sores, abusive behavior and failing to help another resident to the bathroom.

Low staffing remains a major issue in the 15,000 nursing homes nationwide, with reports that a lack of staff has led to higher risks of neglect and abuse in nursing homes. Active neglect in nursing homes is common and includes ignoring calls for help.

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