Wheelchair bound patient files suit against Touro Infirmary for alleged negligent care

NEW ORLEANS – A patient claims her caretakers were negligent by leaving her unattended in an altered state of mind, which led to her falling and breaking her hip after attempting to stand.

Racie Nichols filed suit against Touro Infirmary and Touro Infirmary Foundation in the Orleans Parish Civil District Court on July 2.

The plaintiff claims she was in an altered mental state when she was admitted to inpatient rehabilitation at Touro Infirmary. The plaintiff claims that her altered state of mind was noted by caretakers who then determined she should only be allowed to leave her bed with assistance. The plaintiff claims that a nurse left a note stating the plaintiff was unable to understand her limitations due to her confusion. The plaintiff alleges she was left unattended and unrestrained in her wheelchair when she fell after an attempt to stand up. The plaintiff alleges it was negligent for the defendant to leave her unattended in a wheelchair in her condition, and this negligence directly led to her falling and suffering a fractured hip.

The defendant is accused of failing to institute adequate safety precautions while knowing the plaintiff was at a high risk of falling, failing to properly monitor the plaintiff, failing to apply adequate restraints on the plaintiff given their information of her impaired mental status, and leaving the plaintiff unattended and unrestrained despite warnings of the dangers involved in doing so.

The plaintiff is seeking an unknown amount in damages for medical expenses, medical care, pain and suffering, emotional stress, loss of enjoyment of life and permanent residual disability.

Nichols is represented by attorneys Darleen M. Jacobs of New Orleans and Paul Tellerico of Alexandria.

The case has been assigned to Division D Judge Lloyd J. Medley.

Case no. 2014-06525.