The family of a 91-year-old woman who
died following a month-long stay in a Salem memory care facility is
suing the senior assisted living company, accusing their employees of
elder abuse and neglect.
According to
the $3 million wrongful death lawsuit, Helen Banks was severely
neglected when she fell three times within four days — once being left
in a pool of blood with a broken elbow — leading to her death on April
5, 2018.
The lawsuit, filed on behalf of
Banks' personal representative, accuses East Salem Assisted Living, LLC,
a company doing business as Cedar Village Memory Care Community on 4452
Lancaster Drive NE, of elder abuse, neglect and wrongful death.
According
to Oregon Department of Human Services records, the 24-bed facility has
had 16 substantiated reports of abuse and neglect since 2010.
Banks first went into the care of Cedar Village
Assisted Living in August 2017 after suffering a fall in her home. She
was transferred to the company's memory care facility when she "began
requiring a higher degree of medical care and supervision," according to
the complaint filed by attorneys with the Gatti Law Firm on Aug. 29.
But
shortly into her stay at the Cedar Village Memory Care Community, Banks
health and well-being began to decline after her illnesses were
ignored, and she was neglected for hours at a time and denied assistance
for bathing and daily living, according to the lawsuit.
The complaint also alleges the following:
On
March 22, 2018, Banks, in need of constant supervision and struggling
from undiagnosed pneumonia, was left unattended and attempted to shower
on her own.
She fell "forcefully" to the flood and
suffered two massive lacerations to her head. Banks was taken to the
hospital and returned to the care home the next day. Despite her head
trauma, diminished cognition, pneumonia and fragile condition, she was
again left alone.
"Defendants failed to provide any supervision, assistance, medical
treatment, physical assessment, or intervention of any kind that Ms.
Banks so desperately needed," the complaint said.
Barely seven hours after her return from the hospital,
Banks was found on the floor in a pool of blood, writhing in pain from a
broken elbow and cuts to her arm.
After
another hospital stay, she was discharged back to the care facility on
March 24, 2018 and staff was given specific instruction that she
required line-of-sight supervision.
Two days later,
Banks suffered a "third and fatal fall" at the facility after being
provided inadequate assistance while moving. She broke her clavicle and
was taken to the hospital.
She died from her injuries on April 5, 2018.
Suit claims records were falsified
Banks'
estate's attorneys accuse facility staff of negligently and wrongfully
causing her death by failing to supervise her, failing to document her
conditions and giving unlicensed and untrained individuals access to
Banks "where they abused and neglected her."
They
also accused management of falsifying chart notes and falsifying
licensure and qualifications of employees, leading her family to believe
staff underwent training and held licenses that they did not, in fact,
possess.
Staff was also accused of depriving Banks of adequate nutrition and allowing her to become malnourished.
The lawsuit requests $1 million in medical economic
damages, no more than $50,000 in funeral costs and $2 million for loss
of companionship.
"(The family) will seek punitive
damages as a result of defendants' malice or reckless and outrageous
indifference to a highly unreasonable risk of harm and conscious
indifference to the health, safety, and welfare of others, including
Helen Banks," their attorney stated in the complaint.
The
facility's parent company, Frontier Management, and Frontier's
President and CEO Greg Roderick were also named as defendants in the
complaint.
Roderick did not respond to request for comment.
A
representative with Frontier Management responded instead, saying they
were not aware of any lawsuit. Cedar Village management did not respond
to requests for comment.
Frontier Management
is listed as the 19th largest senior living provider, according to
Argentum, the leading national trade association serving senior living
companies. The Portland-based company owns more than 6,300 senior living
units and more than 2,100 memory care units, according to Argentum's
report.
Multiple violations cited at home
According to the
Oregon Department of Human Services, Aging and People with Disabilities, Office of Safety, Oversight and Quality,
which licenses and inspects assisted living and nursing facilities,
there have been 16 substantiated reports of abuse and neglect at Cedar
Village Memory Care Community since 2010.
One substantiated violation alleging neglect matches the details of Banks case and resulted in a $900 fine.
Investigators
determined the facility failed to assess and intervene, resulting in
the patient falling three times and sustaining injuries.
"The
facility's failure is a violation of resident rights, is considered
neglect of care and constitutes abuse," the investigative report
stated.
Two other reports involved falls were found to be substantiated in 2018.
Other reports include sexual abuse, neglect, verbal abuse, physical abuse and mental abuse.
DHS
also reported that the facility had 18 substantiated licensing
violations since 2010. The violations included not properly
administering five different residents' medications and failing to
report suspected abuse.
More information on inspections and violations at care homes can be found at
oregon.gov.
Full Article & Source:
$3 million lawsuit alleges elder abuse, wrongful death at Salem senior care home
