Homecare provider blamed for patient's fall down stairs

David Yates May 7, 2007, 10:00am

A tumble down a staircase has led Horace and Ernestine Moore to sue Southeast Texas Homecare, Inc.

Horace claims the healthcare provider and its owner/employees, Harold Martin, along with Stacie and Martin Fontenot, should have restrained and better supervised him.

The pair filed their lawsuit with the Jefferson County District Court on May 3.

During the course of Horace's treatment, he was "improperly restrained" and allowed to fall down the stairs, the suit said. As a result, he fractured and tore lateral ligaments in his right ankle and injured his back.

The suit claims the defendants failed to provide the proper care and protection owed to the plaintiff, faulting the homecare group with negligence.

They are suing for physical pain and suffering in the past and future, mental anguish in the past and future, physical impairment in the past and future, and past and future medical expenses.

The Moores are also suing for loss of consortium in the past, including damages to the family relationship, loss of care, comfort, solace, companionship, protection, services and physical relations, the suit said.

The Moores are represented by Houston attorney Deanne Hodge of the Hodge and Barr law firm.

They are demanding a trial by jury and are asking for exemplary damages in an amount with the jurisdictional limits of the court.

Court assignment is pending.

Case No. B179-240

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