A nursing home negligence lawsuit filed by the granddaughter of a 90-year-old resident of a South Carolina nursing home claims that the defendant nursing home’s failure to provide a safe environment for the resident and its failure to ensure her safety resulted in the resident wandering from the nursing home shortly after midnight on July 27, 2016, which the nursing home staff failed to notice for seven hours.
Once the nursing home staff noticed that the resident was not in its facility, it notified the resident’s family before beginning efforts to find the resident. The family immediately came to the defendant nursing home and began a frantic search for the resident. It was the resident’s granddaughter who discovered her loved one’s dismembered body floating in a pond where an alligator had killed the resident, according to the South Carolina nursing home wrongful death lawsuit (the coroner determined that the body showed multiple sharp and blunt force injuries consistent with an alligator attack and ruled the death as accidental).
An investigation following the incident concluded that the resident had fallen down a steep embankment next to the pond and fell into the water, which resulted in the alligator attack. The granddaughter’s nursing home negligence wrongful death lawsuit alleges that she suffered severe emotional distress as a result of finding her grandmother’s mutilated body, and the lawsuit seeks damages against the defendant nursing home in excess of $10,000.
The granddaughter’s wrongful death lawsuit filed against the nursing home is the third nursing home negligence lawsuit filed against the South Carolina nursing home in the past seven months. Another wrongful death lawsuit was filed against the nursing home in November 2016 and alleges that a resident suffered multiple falls that caused multiple injuries that resulted in the resident’s death. A third nursing home negligence lawsuit filed in March 2017 against the nursing home alleges that another resident suffered falls and resulting injuries. That lawsuit also alleges that the resident was prescribed and charged for opioids that she never received.
It is reported that the South Carolina Department of Health and Environmental Control has received multiple complaints against the nursing home since 2010 that allege inadequate staffing and patient abuse.
Federal nursing home regulations require that long-term care facilities (nursing homes) ensure that residents receive adequate supervision and assistive devices to prevent accidents.
42 CFR §483.25 provides that “[e]ach resident must receive and the facility must provide the necessary care and services to attain or maintain the highest practicable physical, mental, and psychosocial well-being, in accordance with the comprehensive assessment and plan of care.” Under subsection (h) (“Accidents”), “[t]he facility must ensure that— (1) The resident environment remains as free of accident hazards as is possible; and (2) Each resident receives adequate supervision and assistance devices to prevent accidents.”
If you or a loved one suffered injuries (or worse) while a resident of a nursing home in the United States due to nursing home neglect, nursing home negligence, nursing home abuse, nursing home understaffing, or resident on resident abuse, you should promptly contact a local nursing home claim attorney in your U.S. state who may investigate your nursing home claim for you and file a nursing home claim on your behalf, if appropriate.
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