The facility failed to provide adequate supervision to prevent accidents.  This incident occurred over a weekend when the facility was short-staffed and many of those on duty were working double shifts.  No one apparently noticed or responded to her escalating behavioral issues. COURT OF APPEALS OF WISCONSIN May 8, 2018

  A ninety year-old resident of a memory care facility managed to pull a fire extinguisher down from the wall on to her upper leg while she sat in her wheelchair. She suffered a femur fracture as a result.  The orthopedic physicians at the hospital were unwilling to perform surgery due to the patient’s advanced age.  An open wound developed at the site of the fracture while the leg was immobilized.  The wound became infected and the infection led to the patient’s death almost three months after the incident with the fire extinguisher.

  She had been admitted to the nursing facility with dementia and depression and had a history of what the court record described as behavioral disturbances.

  The Court of Appeals of Wisconsin was compelled to order a new trial despite the fact the jury returned a verdict of no liability.  The problem was an apparent mix-up in the jury instructions.  The jury was asked if the facility’s errors or omissions specifically on July 7 caused injury to the patient.  The jury’s answer was "No," but only be-cause the incident actually occurred on July 8.  The Court was convinced there was a lapse in the standard of care that caused harm to this patient. Pelt v. Manor, 2018 WL 2168799 (Wis. App., May 8, 2018).

More references from nursinglaw.com

http://www.nursinglaw.com/memory-care-skin-care.htm

http://www.nursinglaw.com/dementia-patient-fall-hospital.htm

http://www.nursinglaw.com/dementia-patient-assaulted.htm

http://www.nursinglaw.com/Alzheimers.htm