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

The wife of an 80-year-old who suffered from dementia moved her husband into Elderberry Square assisted living facility in Florence, Oregon, so the staff there could give her husband the care she could no longer manage on her own. But each time she visited him over the two months he was there, something just didn’t seem right. Her frail husband was left unsupervised, during which he fell repeatedly. One fall resulted in a broken wrist. She also found him several times lying in his own waste.

The man’s wife had had enough. She sought legal counsel and as a result, Elderberry Square is facing a $1 million lawsuit in the severe neglect and abuse of the man, according to Salem-News.

Falls among seniors pose a major medical problem. While many injuries from falls can be minor, others can result in major cuts and bruises, broken bones and head trauma. Some may lead to hospitalization, disability, the need for continuous skilled nursing care, or even premature death. Falls also can have psychological consequences, such as depression, isolation and a decline in physical function due to lack of activity.

This is not the first lawsuit of this nature that Elderberry Square has faced. Two years ago, a similar lawsuit was filed against the home involving an Alzheimer’s patient who was repeatedly left unattended. That patient fell numerous times over a two-week period and soon died as a result of a fall.

While an investigation into both cases by the Oregon Department of Human Services found the charges of neglect to be substantiated, a second review resulted in a reversal of the investigators’ conclusion. Attorneys plan to challenge the finding through an appeal.

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