On February 4, 2020, the son of a former resident of The Village of River Oaks (“the nursing home”) filed a lawsuit in the Harris County District Court against the nursing home. The son filed the lawsuit individually and on behalf of his father’s estate, while two other family members brought the lawsuit individually, all alleging the nursing home failed to provide a reasonable care for its resident, which resulted in the decedent’s (“the decedent”) death.
On September 6, 2018, the decedent, who was a resident (“the resident”) of The Village of River Oaks independent living unit, was transferred to the same facility’s 24-hour care assisted living unit due to the progression of his Alzheimer’s. There, the resident was supposed to be supervised and under a 24-hour care. However, after being transferred to his assisted living apartment, on the same day, the resident was left by himself. After exiting his room, the resident started to navigate the new and unfamiliar hallways of the building, without any assistance. He then wandered into an elevator where he lost his balance and fell. The fall caused a major blow to the resident’s head-breaking his neck and causing bleeding in his brain. After almost a month, the resident died in a restrained hospital bed.
The decedent’s son and the other claimants are seeking recovery based on the claims of negligence and gross negligence, respondeat superior, wrongful death, and survival action. First, the nursing home is facing allegations it did not exercise ordinary care concerning care and treatment provided to the decedent by failing to take precautions to prevent decedent’s injuries, adequately supervise its residents and provide necessary assistance to them, as well as to develop and implement proper safety protocols for the supervision of its residents, among other others. The facility is also claimed to have consciously disregarded the extreme degree of risk to the decedent, which prompted the gross negligence claim. Next, the action for wrongful death is brought because the decedent’s death resulted in a pecuniary loss, such as the loss of the care, support, advice and counsel that decedent would have provided if he were alive. Also, decedent’s death resulted in a loss of companionship and society. Finally, the estate of the decedent has brought the survival action to recover the damages suffered from the pain and mental anguish, as well as medical, funeral, and burial expenses.
The claimants seek monetary relief of more than $1,000,000 for damages resulting from mental anguish, loss of companionship and society, loss of advice and counsel, exemplary damages, etc.
If you or someone you know has lost a loved one due to the negligence of another, it is important to find a skilled law firm to handle your claim. The law firm of Abraham, Watkins, Nichols, Agosto, Aziz & Stogner is the oldest personal injury firm in Texas, and our attorneys can assist you with your claim. Call us today at (713) 222-7211 or toll free at 713-222-7211.