Woman claims nursing home neglect caused mother's death

John Suayan, Galveston Bureau Sep. 3, 2009, 6:56am

GALVESTON - A Matagorda County woman claims a League City nursing home bears responsibility for her mother's death, recent court documents say.

In a civil liability lawsuit filed Aug. 31 in Galveston County District Court, Lynda Calloway of Sargent accuses Harborview Care Center of improperly looking after Doris Beard.

Beard was admitted to Harborview on Oct. 1, 2007, and resided there until April 28, 2008, the suit says. She died on June 18, 2008.

Calloway's case argues that Harborview repeatedly violated the law by failing to assure and provide sufficient nursing care to Beard.

It states that Beard suffered from bedsores, dehydration and malnutrition.

"The defendant failed to implement proper infection control procedures, failed to intervene with appropriate medication, failed to treat Doris Beard for pain, and failed to keep Doris Beard's family of changes in Doris Beard's condition," the suit says.

"The defendant knowingly and willfully made numerous material representations to the plaintiff, upon which misrepresentations the plaintiff relied upon to their detriment.

"Material misrepresentations were made by the defendant with the intent to induce reliance thereon by the plaintiff."

Harborview is ultimately faulted for vicarious liability and gross negligence.

"The defendant acted with conscious indifference and endangered Doris Beard's rights, safety, and welfare," the suit says.

Calloway insists the ordeal negatively impacted her mental state.

She seeks damages including but not limited to pain and suffering, mental anguish, emotional distress, humiliation, and losses of companionship and inheritance.

Houston attorney Roy Camberg is representing the plaintiff.

The case has been assigned to Galveston County 10th District Court Judge David Garner.

Case No. 09CV1591

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