On behalf of Hastings Law Firm posted in Hospital Negligence on Monday, November 10, 2014.

An out-of-state family claims that their loved one’s death involved more than just simple negligence by the nursing home where she resided. They claim that the facility actively engaged in a cover up to conceal ongoing negligence that they were well aware of. This alleged behavior apparently resulted in a woman’s death from what could have possibly been avoidable injuries. The family has been pursuing a wrongful death claim, an option that many grieving families in Texas have also chosen when dealing with a possible medical malpractice death.

The food carts that the nursing home uses are relatively large, standing about five and a half feet high and several feet wide. Due to its design, the victim’s family says there is absolutely no way to see through it, meaning that it’s impossible to discern whether there may be a person or other object in its path. Because of this, a 94-year-old woman was struck and knocked down by one of these carts.

The victim suffered a broken hip from being hit. After undergoing surgery, she was sent back to the nursing home to recover. Although she was supposed to be on a special monitor that would warn staff if she attempted to get out of bed by herself, this apparently never happened. She later ended up falling out of her bed, and she passed away only five days after the initial incident with the food cart.

An employee of the nursing home reported that although they were instructed to use two people to transport the food carts — one in front and one in back — after the accident with the victim, they did so only briefly, and instead resorted to using a special code to warn workers when inspectors where there. Although the family and the victim’s estate was initially awarded compensation for the negligence that played into the woman’s avoidable injuries that caused her death, the nursing home appealed the decision. Those in Texas facing a similar situation may be worried about what an appeal may indicate, including additional time and money spent on further litigation. However, this matter was ultimately settled in Oct. 2014 while the appeal was still pending and in favor of the family, who may now be able to move forward from any lingering medical bills or funeral expenses that they believe they were unjustly burdened with.

Source: 10news.com, “Negligence, cover up exposed when nursing home patient dies after getting hit by food cart”, Christin Severance, Nov. 3, 2014