Surviving heirs bring wrongful death action against nursing home

By Carol Ostrow | May 12, 2015

Two Montgomery County sisters brought a lawsuit against a health care facility alleging damages in the 2013 death of their mother.

Deborah Morris and Ellen DeMent, both of Conroe, filed individually and as heirs of Ruby Fulk; and Morris filed as executrix of the estate of Ruby Fulk; against CSL S Conroe LLC d/b/a Heritage Oaks and Memory Care Community of Conroe on April 8 in the District Court of Montgomery County, requesting damages in Fulk’s death in May 2013.

According to the suit, Ruby Fulk was a resident of Heritage Oaks from March 3, 2013 until her death on May 29, 2013. Her daughters allege that an 11-day delay in administering a diuretic medication caused fluid retention in Fulk’s lungs; and that poorly trained staff resulted in failure to provide, monitor or document oxygen treatment and medication as needed.

The plaintiffs also aver delays in obtaining an appointment with an on-site physician and failure to attend to the patient when her condition worsened. After their mother’s death from COPD, the Texas Department of Aging and Disability Services conducted an investigation into Fulk’s treatment. Citing the investigation’s findings, the complaint alleges negligence by the defendant.

Claiming pain and suffering by their mother; loss of her love, support and companionship; medical expenses in excess of normal expectations, and funeral expenses, the plaintiffs seek: compensation in excess of $75,000; attorney’s fees; expenses, and costs. They are represented by Dale Trimble of The Trimble Firm, Conroe.

The defendants, represented by Josh Davis of Lewis Brisbois Bisgaard & Smith of Houston, denied the allegations and filed a notice to remove the case on May 5.

Montgomery County District Court Case 4:15-cv-01187

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