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Assault in Nursing Home Results in Wrongful Death

Nursing home abuse may escalate into a wrongful death scenario. This case did.

“It’s difficult to read and hear about senior citizens being mistreated so badly that they die as a result of someone’s abuse. In this case, an 85-year-old woman was viciously throttled, then thrown on the ground. She was further neglected by assisted-living home staff,” recounted Brooks Schuelke, an Austin personal injury lawyer with Perlmutter & Schuelke, L.L.P. “The woman died in a hospital a few days later.”

The facts of this case are disturbing because they paint a picture of an environment no one would want to find themselves in. The woman had chosen to live in the retirement community where she felt she would be secure and safe. Instead, she was stalked by a male Alzheimer’s patient, a man who has a record of assaulting others in the same facility. She was advised to avoid him. She did. He did not avoid her however, and one day he nabbed her in a corridor, brutally choked her and tossed her to the floor.

“Evidently, staff witnessed this event, but they did not call for medical help. She was escorted back to her room, where it was later noticed the left side of her face was drooping and the left side of her body was unresponsive. The woman was rushed to hospital at 3:00 a.m. several days later,” said Schuelke. Medical negligence? “The court may well regard this incident as being grossly negligent, as the staff did not provide the woman with immediate medical attention.”

The lawsuit alleges the facility was negligent in carrying out its duties to protect and care for the residents, and asks the court for damages for pain and suffering, mental anguish, and humiliation. “If you see medical negligence, or suspect it, don’t wait to contact a skilled personal injury lawyer. Someone needs to be held responsible for their negligent actions, particularly if they seriously injure, or kill someone,” Schuelke stated.

Contact Perlmutter & Schuelke PLLC at https://www.civtrial.com or (512) 476-4944.

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