Suit: Nursing facility's apparent refusal to provide bedpan leads to resident's fall

John Suayan, Galveston Bureau Jan. 13, 2013, 3:33pm

GALVESTON - A woman residing at a League City nursing facility alleges its staff's refusal to provide her with a bedpan resulted in her suffering injuries, recent court documents say. 

Nell Dawson is suing RCC League City Inc., Regent Care Center of League City LP and employee Lon Smith in Galveston County District Court.

The original petition, submitted Jan. 3, shows Dawson requested a bed pan from defendant Smith and other staff, but the respondents failed to accommodate her.

Dawson claims the defendants' apparent neglect caused her to defecate in her bed, adding she tried to get up and go to the bathroom on her own.

"As the plaintiff attempted to move to the bathroom in order to relieve herself, she fell and was injured," the suit says.

The defendants are faulted for:

  • Failing to provide the plaintiff a means to relieve herself;

  • Failing to help her to the bathroom;

  • Failing to provide a bedside commode;

  • Failing to aid her in her sanitary needs;

  • Failing to communicate her needs;

  • Ignoring her requests for help;

  • Failing to train employees;

  • Failing to adequately care for the complainant;

  • Failing to conform to minimum standards of nursing care; and

  • Failing to allow the plaintiff the dignity of some means of using the bathroom without going on herself.

Consequently, Dawson seeks unspecified monetary damages and a jury trial.

She is represented by attorney Rich Melendez with Melendez Law PC in Houston.

Galveston County 56th District Court Judge Lonnie Cox is presiding over the case.

Case No. 13-CV-0015

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