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 preexisting conditions.

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 New Orleans.

U.S. District Court for the Eastern District of Louisiana Case number 2:17-cv-01838

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