An appeals court has revived a Texas nursing home abuse lawsuit. The lawsuit was filed against a nursing home after an allegation that inappropriate care led to a man’s bed sore injuries developing into a fatal and irreversible infection.
A lower court determined that an expert’s report was deficient and the appeals court disagreed with that decision in a Texas nursing home abuse lawsuit.
The lower court’s determination that there was no causal link between the ultimate death and the facility’s treatment was rejected by the fifth court of appeals in Texas.
A Texas nursing home abuse lawsuit alleged that the development of bed sores was made much worse by the abuse and neglect inside the nursing home, ultimately causing fatal injuries.
The appeals court further rejected the argument made by the nursing facility that the report was inadequate because it did not rule out the cause of death as potentially being old age.
The appeals court found that nothing in existing law demands that a pre-trial expert’s report rules out every potential cause of harm, injury or damages claimed.
The amended report explains further why this breach of the standard of care led to injury based on the facts presented, according to a panel with the appeals court.
The daughter of the patient who suffered injuries filed a Texas nursing home abuse lawsuit in December 2014.
She alleged that outside of a February 2013 hospital stay, that the patient was under the care of the Ashworth Hall facility consistently from January 2013 through his death in March 2015.
The Texas nursing home abuse lawsuit alleges that Ashworth Hall admitted the patient knowing that he required skilled nursing care, assistance, proper medical oversight, and appropriately trained medical staff for the activities of daily living as well as the symptoms associated with his advancing Alzheimer’s disease.
The suit claimed that the nursing home facility was grossly negligent in the treatment and care of the patient and breached their duty of care due to the development of bed sores.
Bed sores can quickly develop into serious infections and may compromise the patient’s ability to survive.
The Texas nursing home abuse lawsuit says that the patient in question lost 40 lbs. associated with malnutrition, became lethargic and weak and ultimately developed sores and pressure wounds on his feet and body that the nursing home allegedly failed to treat, leading the daughter to file a lawsuit after the loss of her father.
She alleges that her father’s loss was the fault of the nursing home facility and that they should be held accountable.
Anyone who has lost a loved one or noticed that injuries on a family member may have been caused by the negligence of a nursing home, filing a lawsuit may be your next step to recover compensation.
If you need help filing a nursing home abuse lawsuit, the experienced attorneys at McDonald Worley offer a free case review. Call today!