Wrongful Death Case Filed After Amputee Resident Fell

aperion care entranceAccording to an article in the Kokomo Perspective, a nursing home in Indiana is being held accountable for leaving a woman, who had one of her legs amputated, alone in the shower. A negligent error that led to the woman’s death.

The article reports that a wrongful death suit has been filed against Aperion Care Kokomo by the family of Sicely Daulton. The article reports that:

In the suit, it’s claimed that Daulton, missing a leg from an amputation, was left unattended standing in a shower, resulting in a fall that broke the elderly woman’s leg. And it’s claimed in the suit that Aperion attempted to conceal the error that resulted in the woman breaking her leg.According to the complaint, Daulton’s fall occurred on March 1, 2017. After being left standing alone in the shower, Daulton fell and was found with “her left leg bent at the knee pressed up against the wall and the calf of the left leg resting on the thigh of her right upper leg.” An Aperion staff member called 911 following the incident and admitted to the operator that it was an unwitnessed fall.

Nursing Home’s Lies Lead to Death

The article claims that there is proof that the fall was indeed witnessed:

The nursing home staff “in a blatant attempt to conceal the truth and cover up their neglect, the nursing staff later falsely documented the nursing record to suggest that Ms. Daulton’s fall was in act witnessed and that the fall was caused by Ms. Daulton letting go of a wheelchair.”

Jeff Powless, the attorney representing Daulton’s family, said the alleged coverup was found after he obtained a recording of the 911 call made after Daulton’s fall.

“What’s particularly concerning about this case, and we see this far too often, is that the medical records, upon close examination and when we look into the facts of the case and do additional investigation, often do not reflect the reality of what happened,” said Powless. “I think it’s unfortunate that far too many nursing homes spend their time trying to cover up what happened rather than correct it. Here in this case, but for the fact that we obtained the 911 recording, critical information about what happened in this case wouldn’t have ever come to light if we’d simply relied upon the medical records as documented by the facility staff.”

When nursing homes are dishonest in an investigation of an injury, it can lead to complications, even death. Things get a lot more complicated when the resident dies in the ensuing days, weeks, or months, because their death may or may not be related.  Proving that connection requires medical expert to review and determine the death was caused—at least in part—by the negligence-caused injuries.

If the nursing home injures a resident and the resident dies because the resident was sick, weak, or otherwise unable to recover from the trauma or injury, that is the nursing home’s fault.  They do not get a pass because the person they injury was not stronger or healthier than someone else.

This Was Not The Resident’s First Fall

According to the article, the resident actually had a history of falls. In fact, in two years the resident had fallen more than 15 times. The article reports that:

It’s also alleged in the suit that Daulton’s fall in the shower wasn’t her first. According to the suit, during her residency at the nursing home, Daulton experienced at least 16 falls between Jan. 1, 2015, and March 3, 2017.

The primary claim of the suit is that the “nursing home staff knew Ms. Daulton was at high risk for falls, yet they failed to provide adequate supervision and assistance devices to prevent accidents such as falls.”

If you have questions about nursing home falls, you can visit my page dedicated to the topic, here. This is another very serious topic and I have important information regarding a nursing home’s responsibility in preventing your loved one from falling.

If you are concerned that your loved one my have been the victim of a wrongful death, please feel free to comment below or contact me through a confidential form here. Navigating through these things can be very difficult and I am here to help you.

You can read the full article referenced above here.



Do you have questions about a possible abuse, neglect, stroke, or heart attack case? Contact us now using this confidential form. Or leave a comment below--but remember the comments are public, not confidential.

 Our No Fear Guarantee 

You’ve probably seen the lawyer ads: “No Fee Guarantee!” “No Fees if We Don’t Win!”   

Guess what? That’s true for just about any plaintiff’s lawyer.  It’s what a “contingency fee” means.  It doesn’t mean they’ll work hard.  Or get a good result for you.  It doesn’t mean much at all.

What we promise you is a NO FEAR guarantee.

What does that mean?  For 99% of our clients, a medical injury caused by negligence is new.  The medical malpractice lawsuit process is new.  Depositions, discovery, trial . . . everything is new.

New can be scary.  Especially when it involves having to testify under oath.

We’ve developed systems that let you address and move past the fear. Through education and information about the process. Role-playing and other preparation techniques. We empower you to be fearless.  Because this process is hard enough.

Contact us now.

Get the Definitive Guide . . . FREE

Get the definitive guide on Nursing Home and Assisted Living Claims — a $14.99 value — yours free, without commitment.

I don’t want the guide

Nursing Home and Assisted Living Wrongful Death Claims Book Cover three dimensional with shadow