Beasley, Allen, Crow, Methvin, Portis & Miles, P.C.

Joanne Kessler believed she was doing the right thing when in 2006 she moved her mother, Luveda Fern Kessler, from another assisted living facility to Villa Valencia Health Care Center in Orange County, Calif., to be closer to her. The elder Kessler had had both hip- and knee-replacement surgeries and used a walker for mobility. She needed assistance getting out of bed and to the bathroom, a nurse noted.

Joanne now doubts that decision.

Last month, Luveda fell from her bed in the night and pressed her personal emergency call button. The fall caused a two-inch gash on her leg, which bled out on to the floor of her room at Villa Valencia. Nearly fifteen minutes later, a staffer called 911. When paramedics arrived, Luveda was unresponsive and was later pronounced dead at a local hospital.

The Orange County (Calif.) Register reported today that the family of Luveda has filed a wrongful death lawsuit in Orange County Superior Court against Villa Valencai and its owner, Sunrise Senior Living Inc. Joanne contends her mother’s death could have been prevented.

According to the story, a spokesman for the California Department of Social Services said Villa Valencia would be cited for not filing a report about Luveda’s death within seven days of the incident. The citation will require the facility to submit a report on how it would correct similar problems in the future.

While assisted living patients have similar needs to those in nursing homes, they are governed by less stringent regulations.

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