Ohio nursing home faces lawsuit after resident dies following violent attack

by News Release

CINCINNATI, Ohio — An Ohio family has filed a lawsuit against a Cincinnati nursing home, alleging negligence and wrongful death following the death of their loved one, Dolores Niederhelman, allegedly as a result of an attack by another resident.

According to the law firm representing the family, Dolores Niederhelman died four days after allegedly being attacked, with both of her shoulders broken, by another resident at the nursing home. The lawsuit claims that the nursing home failed to send her to the hospital after the attack and that she declined over the following days until she was comatose, eventually dying shortly after being finally sent to the hospital.

The physical assault was reportedly captured on the facility’s surveillance camera, which was placed in Ms. Niederhelman’s room. The lawsuit alleges that the facility not only failed to properly examine Dolores following the attack but also did not inform her family members about what occurred.

The lawsuit, pursued by Michael Hill Trial Law on behalf of Dolores Niederhelman’s family, targets the Three Rivers Healthcare Center, part of the Communicare Family of Companies, one of the largest nursing home chains in Ohio and the United States.

According to the lawsuit, Ms. Niederhelman, who had a history of Alzheimer’s dementia, hypertension, hyperlipidemia, and hypothyroidism, became a resident of Three Rivers Healthcare Center on March 5, 2021. She was placed in a secured unit for behaviors on September 16, 2021, due to her vulnerability and cognitive impairment.

The lawsuit details the events of January 26, 2023, when the video monitoring system recorded a female resident allegedly attacking Ms. Niederhelman in her room, leaving her on the floor distressed. The lawsuit claims that the nursing staff failed to adequately respond to the situation, including failing to contact Ms. Niederhelman’s family members until twelve hours after the assault, failing to accurately describe the incident to authorities, and failing to provide proper medical treatment to Ms. Niederhelman.

Ms. Niederhelman was eventually sent to the hospital, where it was revealed that both of her shoulders were fractured as a result of the attack. However, she continued to decline due to complications from the fractures and developed infections, ultimately succumbing to her injuries on January 30, 2023.

The lawsuit alleges negligence, wrongful death, and violations of nursing home resident rights laws against Three Rivers Healthcare Center, citing chronic understaffing and systemic failures in providing proper care and treatment to residents.

“Our firm is deeply committed to seeking justice for the family of Dolores Niederhelman. The nursing home’s failure to protect its residents and their subsequent mishandling of the situation, from not evaluating the victim after the attack to misleading the family about the nature of her injuries, is utterly unacceptable. This kind of negligence not only violates the trust families place in these facilities but also endangers the lives of the most vulnerable members of our society. We will continue to pursue accountability for these egregious actions to ensure something like this does not happen again,” says trial attorney Michael Hill.

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Ohio nursing home faces lawsuit after resident dies following violent attack

Grady files $670K lien in name of woman violently attacked, killed in hospital parking garage

By Justin Gray

ATLANTA — After his mother died in a violent attack, a metro Atlanta man was surprised to find a lien by Grady hospital filed in her name for more than $670,000 in hospital bills for her treatment. He learned the hospital never submitted the bill to Medicare or supplemental insurance.

Channel 2 Investigates found that Grady does this frequently, particularly if the hospital stay was related to an auto accident.

We checked clerk records and found Grady has filed more than 13,000 of these hospital liens the past 5 years in Fulton County, whether the patient has insurance or not.

“Who decides to do something like this? it’s just unethical. That’s what Medicare is for. That’s what she paid every month for,” the woman’s son Charles Kimsey said.

78-year-old Jacqueline Mixon spent 10 days at Grady before dying last spring from injuries sustained in a violent attack at the Piedmont hospital parking garage.

As Channel 2 Action news reported before, Mixon was allegedly tackled from behind by 68-year-old Gloria Franklin, then run over by an SUV.

Kimsey says Grady never billed his mother, Medicare or her supplemental insurance before filing the lien.

“I have not gotten one bill for Grady, not one” Kimsey said.

Personal injury attorney Susan Witt says hospitals file the liens, looking for a piece of potential settlements.

“It’s a predatory practice that we see over and over again, and consumers are unaware of what their rights are,” Witt said.

Witt says hospitals file liens for their full retail price. That’s significantly higher than what they charge insurance companies or Medicare through negotiated pricing.

“They would prefer not to deal with your insurance company because they are going get paid less than if they charge you the retail rate and scare and intimidate you that it’s the rate you have to pay,” Witt said.

Grady tells us in a statement quote:

“We never place liens on property or an estate. Hospitals routinely place liens on insurance claims and settlements. For services related to an accident or injury, the no-fault or liability insurance pays first and Medicare pays second, consistent with state and federal law.”

It just adds insult to injury, and I don’t know what to do. this is unbelievable, its crushing me,” Kimsey said.

Hospitals can not go after your personal property like a house or car with a hospital lien like with a traditional lien.

Susan Witt tells clients that if the hospital won’t submit the claim to insurance or Medicare, you should do it yourself.

“The hospitals don’t like it. They don’t want you to know you can do that on your own but that is what you have the right and ability to do,” Witt said.

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Grady files $670K lien in name of woman violently attacked, killed in hospital parking garage