The Case of professional Negligence
A suit has been filed against a nursing home by a Philadelphia woman who claimed that she suffered multiple injuries after falling at the facility of a nursing home on two separate occasions due to alleged company negligence.
Her defense counsel from a prominent Philadelphia group filed the professional negligence claim Oct. 25 at the Philadelphia Court of Common Pleas on behalf of Phyllis B. Montalvo. The defendant named in the civil action is RC Healthcare, doing business as Willow Terrace Nursing Home.
The lawsuit stated that after Montalvo suffered a fall at the home way back on June 12, 2011, she was taken to Albert Einstein Medical Center where it was determined that she had sustained cervical spine and left wrist fractures.
About two weeks later after she was discharged from the hospital, Montalvo was transferred to Willow Terrace, where she was identified as a fall risk. She was issued identification bands for her wrist and ankle to alert the staff of her risk of falling if she tried to move on her own, the lawsuit shows.
On July 9 of that year, Montalvo attempted to use the call bell to inform staff she needed assistance getting to the bathroom, but the button was not working so she attempted going to the bathroom on her own, the complaint states. It was at this point that Montalvo fell on the bathroom floor.
The patient first complained of right hip pain and was given pain medication. But the pain continued so the patient was taken for X-rays, which revealed that she had no hip fracture, although she continued to complain of pain for the rest of the month.
By month’s end with more complaints, the patient was re-admitted to Albert Einstein Medical Center where testing revealed she had an impacted fracture through the cervical neck of the right femur with varied angulations.
On July 29, Montalvo had additional surgery that was followed by physical rehabilitation.
On Aug. 11, she was returned to Willow Terrace. On Aug. 18, Montalvo again fell while in her room at the nursing facility. Last year, she was discharged to home care.
The lawsuit accuses Willow Terrace of negligence for allowing Montalvo to fall not once, but twice while in the defendant’s care.
Due to her falls, Montalvo sustained a number of injuries including physical pain, bone fractures, scarring, limited mobility, decreased range of motion, ambulatory dysfunction, need for additional pain medication and assistive devices, delay in recovery, mental anguish and physical pain and suffering.
The lawsuit accused the defendant of negligence and carelessness for failing to place Montalvo in a fall prevention program upon admission to Willow Terrace, failing to appreciate the plaintiff’s high risk of falling, failing to maintain a functioning call bell in the woman’s room, failing to properly assess the plaintiff’s complaints of hip pain and promptly provide medical treatment, and failing to follow the facility’s Fall Risk Policy and Fall Prevention Program.
The suit reads that the negligence of Defendant increased the risk of harm to Plaintiff and was a substantial contributing factor to the injuries sustained. Montalvo seeks judgment in excess of $50,000, plus costs, interest, attorney’s fees and other court relief.
If you or a loved has suffered due to negligence you may wish to consult with experienced Injury Lawyer. You may be entitled to compensation for your injuries. Please note strict deadline apply and it is in your best interest to contact an attorney immediate.