Patient sues nursing home, alleging poor standard of care

Kasey Schefflin-Emrich Oct. 5, 2015, 12:42pm


A Dallas woman is suing a nursing home facility, alleging she was provided with inadequate medical care.

Major Davis filed a lawsuit Aug. 18 in Jefferson County District Court against Southwest LTC Gulf Healthcare, doing business as Gulf Health Care Center-Port Arthur, and Southwest LTC-Park Manor Inc., alleging negligence.

According to the complaint, Davis, who had a history of stroke and was unable to walk about, was admitted to Gulf Healthcare Center in March 2009. The suit states her daughter informed the defendant's nursing staff of a deformity that was present on Davis' right foot in December 2013 that turned out to be fractures of the tibia and fibula--which would have required a substantial force to break.

After getting an X-ray and being seen by an orthopedist, Davis' broken ankle was then placed in a cast, the suit says. According to the lawsuit, the defendant is faulted with breaching its standard of care as nursing personnel didn't know about Davis' injuries until a family member brought it to their attention. The defendant also failed to provide necessary care and supervision to prevent Davis' injuries, investigate the circumstances that caused it or keep appropriate records detailing events that have happened while caring for Davis, the lawsuit says.

The plaintiff alleges the defendant's actions were done willfully and she has and will continue to endure physical pain, mental anguish, physical impairment, disfigurement and medical expenses.

Davis seeks more than $100,000 damages, plus court costs and other relief deemed appropriate by the court.  She is represented by attorney David P. Wilson of Provost Umphrey Law Firm in Beaumont.

Jefferson County District Court case number A-197445.

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