Then the unthinkable happened. He suffocated to death after his unconnected tracheostomy tubing was found on the floor of his room. He died on May 20, 2021 (he was placed in hospice care in January 2021).
The nursing home filed a report in which it alleged that the man “had the ability to displace the tubing.” However, the night shift nurse who went into the man’s room shortly before the end of her shift reported to federal investigators that she had removed his tracheostomy mask because it was soiled and had forgotten to replace it for some unknown reason, leading to the man being found dead by another nurse about an hour later.
Capri Gardens reportedly provided its staff with additional training and fired the nurse involved in the man’s death the day after he died. The nurse lost her nursing license and is required to undergo additional education and a mental evaluation if she wants to have her license reinstated.
The man’s widow stated after the Ohio nursing home wrongful death lawsuit was filed in December 2021, “We don’t know how long it took him to die. But I was denied the privilege of being with him when he passed, because of the way he died. I need to get justice for Paul. I want to make sure that no other family goes through what we’ve been through. I knew he was declining, and it was only a matter of time, but just in the way he died is just hard for me to accept.”
With regard to the nursing home’s allegation that her husband had the ability to remove his own tracheostomy mask, the wife stated, “It’s deplorable to me. I just can’t fathom why they would say that. He couldn’t move. The only thing he did was open and close his eyes.”
A grand jury indicted the former nurse on reckless homicide and involuntary manslaughter charges in April 2022. The former nurse was arraigned on May 20, 2022 and thereafter released on her own recognizance, agreeing to attend all future court hearings and not violate the law.
If you or a loved one suffered injuries (or worse) while a resident of a nursing home in Ohio or in another U.S. state due to nursing home assault, nursing home neglect, nursing home negligence, nursing home abuse, nursing home under-staffing, or the nursing home failing to properly care for a vulnerable adult, you should promptly find a nursing home claim lawyer in Ohio or in your state who may investigate your nursing home claim for you and file a nursing home claim on your behalf or behalf of your loved one, if appropriate.
Click here to visit our website to be connected with medical malpractice attorneys (nursing home claim attorneys) in your U.S. state who may assist you with your nursing home claim, or call us toll-free in the United States at 800-295-3959.
Turn to us when you don’t know where to turn.