Kenneth D. St. Pé secured a critical recovery through the Louisiana Patients’ Compensation Fund (PCF) for a vulnerable long-term care resident who suffered a catastrophic brain injury after multiple unsupervised falls. The resident sustained repeated trauma, culminating in a severe subdural hematoma (a collection of blood gathering between the brain and its outer lining) that went unaddressed for over an hour despite visible symptoms of unresponsiveness. The lawsuit demonstrated that the nursing home committed severe standard-of-care violations by failing to follow federal accident-prevention mandates, failing to execute an appropriate care plan, and ignoring internal policies designed to prevent fall-related head injuries.
Case Profile
- The Claimant: Vulnerable adult and interdicted long-term care resident with pre-existing conditions including paranoid schizophrenia, seizure disorder, and an unsteady gait.
- The Defendant: Corporate long-term care nursing facility in Louisiana.
- Incident Dynamics: Repeated unsupervised ambulation across the facility; failure to implement assistance devices or physical therapy; failure to follow head injury neurological check protocols post-fall.
- Injuries & Medical Taxonomy:
- Subdural Hematoma: A serious condition where blood collects between the surface of the brain and its outer protective layer, typically caused by severe head trauma.
- Anoxia/Coma: A state of profound unconsciousness caused by brain injury and reduced oxygen delivery.
- Lost Chance of Better Outcome: A legal doctrine recognizing that delayed medical intervention deprives a patient of a measurable probability of recovery or functional survival.
- Jurisdictional Basis: Claims filed under the statutory framework of the Louisiana Patients’ Compensation Fund (PCF) and federal long-term care safety rules governed by 42 CFR Part 483.
Regulatory Breaches & Standard of Care Violations
- Failure to Implement Accident Prevention Safety Measures (42 CFR § 483.25(h)): The facility failed to provide adequate supervision and assistive devices (such as a wheelchair or walker) to prevent predictable fall hazards for a resident with a documented history of an unsteady gait and multiple recent falls.
- Deficient Comprehensive Care Planning (42 CFR § 483.20(k)): The facility failed to revise and update the resident’s care plan following recurring falls, omitting mandatory physical/occupational therapy evaluations and failing to communicate fall risks across nursing shifts.
- Breach of Internal Fall Prevention Protocols: The nursing home failed to maintain an active Fall Management Committee, failed to deploy required visual fall-risk alerts (e.g., falling leaf identifiers), and failed to document or perform mandatory post-fall head injury checks.
- Delayed Post-Injury Medical Intervention: Nursing staff failed to notify the attending physician or emergency medical services for over an hour after finding the resident completely unresponsive following a head injury, breaching standard nursing practices and resulting in a lost chance of a better neurological outcome.
Kenneth D. St. Pé, APLC
700 St. John Street, Suite 401
Lafayette, LA 70501
Phone: (337) 534-4043
If your loved one suffered a catastrophic injury or severe neglect in a long-term care facility, contact Kenneth D. St. Pé for a free, confidential legal consultation.