A wrongful death lawsuit filed by the widow and daughter of a Neosho man who died after a fall at the McDonald County Living Center in Anderson was filed today in McDonald County Circuit Court.
The plaintiffs in the lawsuit are Betty Jean Osborn, Neosho, widow of Donald W. Osborn, and their daughter, Dawnnette Burnett, Granby.
Listed as defendants, in addition to McDonald County Living Center are employees Linda Ahrens, Carla Duncan and Justin Manion.
From the petition:
Prior to October 2023, Donald W. Osborn was in good health and regularly traveled, vacationed, and actively engaged in various physical activities – one medical provider described Donald in May 2023 as “a really lovely 77-year-old man, looking younger than [his] stated age,"Beginning in approximately October 2023, Donald began experiencing dizziness and vertigo which required ongoing medical treatment and in-stay admissions without complete resolution. On or about February 25, 2024, Donald was admitted to Defendant LLC (McDonald County Living Center), located at 1000 Patterson Avenue, Anderson, Missouri 64831.
At the time of his admission to Defendant LLC, Donald's medical records established that he was a fall risk requiring specific fall prevention measures and monitoring. Defendant LLC and its agents – Defendants Ahrens, Duncan, and Manion – knew or should have known using ordinary care that Donald was a fall risk and, thereby, required specific fall prevention measures and monitoring.
At the time of his admission to Defendant LLC, Donald's medical records established that he was a fall risk requiring specific fall prevention measures and monitoring. Defendant LLC and its agents – Defendants Ahrens, Duncan, and Manion – knew or should have known using ordinary care that Donald was a fall risk and, thereby, required specific fall prevention measures and monitoring.
Despite knowing Donald's fall risk status, Defendants failed to implement appropriate fall protection measures and Donald fell and violently struck the right side of his head while in the care and treatment of Defendants and suffered what Defendants described in relevant medical records as a “Major injury – bone fractures, joint dislocations, closed head injuries with altered consciousness, subdural hematoma."
On February 26, 2024, Plaintiffs visited Donald at Defendant LLC’s facility for several hours and left that evening, at which point Donald was in good spirits and mentally active and alert.
Later that night, at approximately 11:09 PM, Defendant Ahrens noted that Donald was then resting quietly in bed with his eyes closed with even, unlabored respirations with a call light and water pitcher within reach.
From this point forward, Defendant LLC’s records and Defendants’ record-keeping of Donald’s stay is not accurate and has been purposely altered in an attempt to conceal the negligent care provided to Donald.
At 12:40 AM, Defendant Ahrens recorded for the first time that Donald had fallen and stricken his head earlier at apparently 11:30 PM—but there is no entry at 11:30 PM. Instead, at 11:56 PM, Defendant Ahrens had recorded that she administered acetaminophen to Donald for “pain forehead," but she did not record that Donald had fallen at that time and also failed to properly assess Donald’s condition or implement appropriate post-fall protocols at that time.
It is unclear why Defendant Ahrens did not record Donald’s fall at 11:30 PM or 11:56 PM or sometime before 12:40 AM the next morning of February 27, 2024.
As a result of the fall and striking the right side of his head, Donald sustained a significant head injury and Defendants failed to seek immediate medical attention and delayed proper medical treatment for hours.
Thereafter, Defendants Linda Ahrens, Carla Duncan, and Justin Manion made intentionally erroneous entries in Donald's medical records to cover up Defendant LLC’s negligence and inadequate care.
Defendant Linda Ahrens specifically created a false neurological checklist, which she did not accurately perform, in an attempt to conceal the negligent care provided to Donald. Defendant Ahrens’ falsification of records was done with the knowledge and encouragement of Defendant LLC.
On February 27, 2024, at approximately 6:30 AM, Donald was found unresponsive during morning rounds, approximately seven hours after his initial fall.
At approximately 6:50 AM on February 27, 2024, Donald was transported to Freeman Hospital West, where diagnostic imaging revealed, among other things:
a. Massive right-sided intraparenchymal hemorrhage measuring 10.6 x 4.0 x 6.7 cm;
b. Brain swelling causing 1.5 cm midline shift; and
c. Bilateral subarachnoid hemorrhages.
Donald died on February 29, 2024, at 11:20 AM as a result of intracerebral hemorrhage caused by the fall and subsequent delayed medical treatment.
Osborn and Duncan, who are represented by William Edmond Peterson of Peterson & Wood, Neosho, are asking for actual and punitive damages.
No comments:
Post a Comment