Elderly woman files medical malpractice claim after allegedly fracturing her leg in the shower

By Max Schramel | May 7, 2015

NEW ORLEANS – An elderly woman claims she sustained injuries in the shower while being transferred from her shower chair to her wheelchair by two nursing assistants.

Betty Jo Sparks filed suit against Diversified Healthcare – New Orleans LLC in the Orleans Parish Civil District Court on April 1.

Sparks claims she was in need of “home providing care” after suffering a stroke in the past. The defendant, Jo Ellen Smith, an employee of Diversified Healthcare, became the petitioner’s stay at home nurse. The job required the defendant to help the plaintiff with showering activities including, “assistance in and out of wheelchairs and shower chairs,” the suit says.

On Jan. 19, 2013, the petitioner was taking a shower and being supported by two nursing assistants and while transferring the petitioner from the shower chair to the wheelchair, she fell and injured her left leg.

The petitioner asserts she sustained injuries to her left leg, specifically a fracture to her left tibia and left fibula.

The defendants are accused of failing to use the correct standard of care when helping the plaintiff, failing to properly transfer the plaintiff during a routine procedure, failing to train personnel in patient transfer protocol and failing to supervise personnel during routine transfers.

The petitioner is seeking an unspecified amount in damages for pain and suffering, loss of quality of life, mental anguish, medical expenses, disabilities, and loss of bodily functioning.

The plaintiff is represented by Perry W. Manning Sr. of the Law Office of Perry W. Manning Sr.

The case has been assigned to Div. E Judge Clare Jupiter.

Case no. 2015-03024.

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