BR nursing home sued on negligence claims

By Catherine Melancon | Dec 6, 2012

S. Bradley Rhorer BATON ROUGE – A Baton Rouge man is suing a Baton Rouge nursing home facility for allegedly harming his mother.

S. Bradley Rhorer

BATON ROUGE – A Baton Rouge man is suing a Baton Rouge nursing home facility for allegedly harming his mother.

Jim Lavane Austin, as curator for Elverine Austin, filed suit against Just Like Home Personal Care, Inc. in the 19th Judicial Court on Nov. 19.

In 2009, Elverine was admitted to Just Like Home, a nursing home, because she was unable to live at home alone due to dementia. While at the nursing home, she allegedly became bed bound and was unable to care physically for herself.

She allegedly suffered a severe sacral decubitus ulcer, which was discovered and documented in October 2011, but the family was not notified of the ulcer until Oct. 28, 2011.

On the same day, the family brought Elverine to Baton Rouge Medical Center regarding the decubitus ulcer. On Oct. 31, 2011, she was admitted to the hospital and diagnosed with Stage IV infected decubitus ulcer on her sacrum with possible osteomyelitis (infection to the bone).

Austin was also allegedly diagnosed with a large, round ulcer on the right side of her face and a two inch square circular necrotic lesion on the heel of her right foot.

On Nov. 2, 2011, Austin was discharged to a rehabilitation facility for wound care.

The defendant is accused of failing to provide appropriate routine and systematic measures to prevent formation of skin breakdown and the development of pressure sores, failing to regularly and routinely asses Austin's skin condition, failing to employ proper and timely measures to address skin breakdown and worsening of the sores that developed, neglecting Austin and failing to recognize signs and symptoms of infection

The employees, physicians, nurses, representatives, staff, aides and/or agents at the nursing home are accused of allowing Austin to become critically ill before notifying family members or sending her to the hospital for appropriate treatment.

An unspecified amount in damages is sought for lack of proper treatment, infection, injury, pain and suffering, mental and emotional injury, impairment of function, loss of enjoyment of life, medical expenses and disfigurement.

The plaintiff is represented by S. Bradley Rhorer and Heather A. D'Antonio of the Baton Rouge-based Rhorer Law Firm.

The case has been assigned to Division M Judge Kay Bates.

Case no. 617126.

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