Nursing home employee claims back injured from lifting large patient

David Yates Aug. 20, 2008, 11:26am

Two years ago, an employee of a Kilgore nursing home was tasked to help aides lift a 300-pound patient after the facility's lift machine broke.

Melissa Scott claims she hurt her back in the process and has filed a lawsuit against the Willow Bluff nursing home.

In the suit filed Aug. 18 in Jefferson County District Court, Scott says she helped moved the obese patient from a chair to the bed on Sept. 10, 2006.

"While assisting other aides lifting the patient, plaintiff suffered immediate severe pain," the suit says.

"At the time, the plaintiff and other aides were unable to use the lifting machine in assisting this patient. Therefore, plaintiff and the others were attempting to place the patient into bed from the patient's chair."

Scott notified the appropriate Willow Bluff personnel about her injury and went to the emergency room that day complaining of severe lower back pain, the suit says.

"As a result of such injury, plaintiff has suffered with a central disc herniation (hernia) at U-L5 that impressed on the ventral thecal sac," the suit says.

"Plaintiff would show that her injuries were proximately caused by the common law and statutory negligence of defendant."

The lawsuit accuses Willow Bluff of failing to provide Scott with a safe work place and proper lifting equipment.

Scott is suing for past and future mental anguish, impairment, lost earnings, medical expenses and disfigurement.

She is represented in part by attorney Kathy Colvin of the Erskine & McMahon law firm in Longview.

The case has been assigned to Judge Bob Wortham of the 58th Judicial District.

Case No. A182-236

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