NEW ORLEANS – A Las
Vegas woman residing at a Franklinton health care facility claims the
facility is not a qualified health care provider under the Louisiana
Medical Malpractice Act.
Ester Penton filed a complaint on March 2
in the U.S. District Court for the Eastern District of Louisiana
against Franklinton Healthcare LLC, doing business as Heritage Manor of
Franklinton, alleging negligence.
According to the complaint, the
plaintiff alleges that on June 27, 2016, she was a resident at
defendant's Heritage Manor facility when defendant's nurse aide
carelessly rolled and/or turned her from her back to her stomach,
causing her to violently fall from her bed to the floor. She alleges she
sustained serious injuries and aggravation and exacerbation of
The plaintiff requests a trial by jury
and seeks judgment against defendant in all amounts reasonable under the
premises, plus interest, costs of these proceedings and for all
appropriate legal and equitable relief. She is represented by Irving J.
Warshauer of Gainsburgh, Benjamin, David, Meunier & Warshauer LLC in
U.S. District Court for the Eastern District of Louisiana Case number 2:17-cv-01838