Court documents filed in Orangeburg County show that multiple people have filed claims against Phaire’s Care as well as the owner of the elder care facility. One of the lawsuits was filed on behalf of Rena Mae Zinnerman’s estate by Darlene Bethea who claims that the owner of the assisted living facility, Carlton Phaire, was transporting Zinnerman along with three other residents when he had an accident. Zinnerman died 10 days after the crash due to her injuries. Bethea is now pursuing a wrongful death claim against Phaire.
A second lawsuit was filed by Jason Broughton on behalf of Judy Broughton’s estate claiming medical malpractice. Broughton claims that Judy suffered medical complications and injuries before becoming a resident at the facility, but later that month she was admitted to Trident Medical Center with Stage III and IV wounds. The lawsuit says she was not given proper treatment and care by the staff and consequently died due to her treatment.
The South Carolina Department of Health and Environmental Control has cited the assisted living facility with multiple violations for medical policies in the past, and an inspection in January noted issues with medication not being administered correctly, not feeding residents properly, and not keeping adequate patient records. Phaire’s Care was fined $23,500 in 2014 for violations similar in nature.
The Sad Truth
It is a sad reality that our medical needs continue to increase as we get older. That is why many families opt to have their loved ones taken care of at elder care facilities, believing that these facilities have the ability to handle their loved one’s unique medical needs.
These facilities should be able to do just that. After all, they advertise themselves as caring and relaxing places where you can trust your loved one to receive proper care. Taking care of a resident’s medical needs is one of the basic obligations of a nursing home. However, nursing home liability is complicated. The law, however, is clear. Medical malpractice in an elder care facility is unacceptable. Common types of medical malpractice, or negligence, in a nursing home include, but are not limited to, the following:
- Prescription errors including not checking for drug interactions and not giving medication at the correct time.
- Poorly equipped and trained care staff.
- Abusive use of medical restraints.
- Failure to have doctors and nurses attend to patients when needed.
- Ignoring a resident’s medical concerns.
Considering that nursing home residents are typically in a fragile state already, the consequences of such negligence or abuse can be severe. Not only can medical malpractice in an elder care facility lead to injuries and illness, it can also end in death.
Contact an Experienced Nursing Home Abuse Attorney
If you suspect that your loved one has been the victim of nursing home neglect or abuse, let the attorneys at Newland & Newland LLP help. We will review your situation and help ensure that your loved one’s rights are protected. Contact us today to schedule a consultation.We serve clients in Arlington Heights, Palatine, Rolling Meadows, Libertyville, Mundelein, Buffalo Grove, Schaumburg, Elk Grove, and Itasca.
(image courtesy of Jeremy Wong)