September 26, 2017
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BLOOMINGTON, INDIANA – The family of a former patient of the Garden Villa nursing home facility has filed a proposed Complaint with the Indiana Department of Insurance alleging negligence and wrongful death after the patient suffered an “acute, displaced fracture” of patient’s right femur.

According to the Complaint, the patient was admitted to the facility with a known history of dementia, anxiety and depression, which made her “highly sensitive to any invasive procedures.”

The Complaint alleges that in May of 2016, the patient’s Foley catheter was out, and the patient was “extremely upset and tearful.” According to the Complaint, two staff members told the patient “that her catheter was going to be replaced and forcefully held [the patient’s] legs and knees open” to attempt the catheterization against the patient’s wishes. According to the Complaint, the Garden Villa staff then “forcefully held [the patient] down, pushed her hands away and exerted such force in prying her knees apart against her will that the staff brutally broke her femur, causing an audible ‘popping noise.’” After the leg was broken and the Foley catheter was inserted, [the patient] “cried out in pain,” according to the Complaint.

The Complaint alleges that an x-ray wasn’t performed on the patient’s leg “for hours.”

The Complaint further alleges that after the x-ray was finally conducted and the results of the x-ray showed the patient had an acute, displaced fracture, the Garden Villa staff failed to contact the patient’s physician or nurse practitioner until the next morning.

According to the Complaint, once the patient’s nurse practitioner was notified of the displaced fracture, the Garden Villa staff was instructed to transfer the patient to the emergency room for treatment. However, the nursing home staff waited until 2:30pm that afternoon to have the patient transported, according to the Complaint.

The Complaint alleges that upon arrival at the hospital, due to the significant blood loss, the patient required blood transfusion to correct a hemorrhage at the site of her acute femur fracture.

The Complaint alleges that Garden Villa was aware of the patient’s diagnoses of atrial fibrillation, congestive heart failure and deep vein thrombosis, which should have put them on heightened alert to her risk of bleeding.

The Complaint alleges that the Garden Villa nursing staff “blatantly ignored these dangers for hours after breaking [the patient’s] leg, and then for hours after receiving the x-ray results, and then for hours again after receiving the order to transfer her to the emergency room.”

The patient never fully recovered from the fracture and complications, resulting in death, according to the Complaint.

The Complaint alleges that the Defendants failed “to provide properly trained staff to meet the needs and ensure the safety of patients under their care” and failed “to provide sufficient nurse and support staffing to meet the needs and ensure the safety of patients under their care.”

The Defendants named in the complaint are Garden Villa – Bloomington; Mar-Care, Inc.; Columbus Regional Hospital; and Garden Villa Management, Inc.

The Complaint alleges that in order to boost their profit margins, Defendants “entered into a complex financial joint venture to collectively provide nursing home services while taking advantage of federal legal loopholes that enable the joint venture to reap the benefit of significant excess taxpayer funds (also known as “Upper Payment Limit” or “UPL” funds) from federal programs, including Medicare.” At the same time, the Complaint alleges, Defendants “failed to provide the resources needed to provide proper care to all of their patients.”

The named defendants have refused to accept any responsibility for the harm to the patient to date, according to the Complaint.

The proposed complaint filed in this matter with the Indiana Department of Insurance is a public record.

HOW YOU CAN HELP

Our investigation into this matter is ongoing. If you have any information or knowledge concerning any these matters or matters related to the allegations in the proposed complaint, please contact us confidentially by calling 877-769-5377.

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