Wyo. Nursing Home Sued For Scalding Of Vegetative Patient
A Wyoming nursing home’s staff scalded a vegetative resident in a shower then failed to notify the man’s doctor and family of his burns until two days later, his mother alleges in a federal lawsuit.
According to the lawsuit, Keith Allen Brown, 35, sustained severe burns from 135-degree water after nursing assistants at the Westview Health Care Center in Sheridan left him unattended in a shower.
Brown received minimal and inadequate treatment from staff members until two days after the incident, when a licensed practical nurse informed Brown’s doctor of his injuries after noting signs of pain, the complaint says.
Brown’s mother and legal guardian, Bobbie, filed the lawsuit in the U.S. District Court for the District of Wyoming. She names Westview Health Care Center and its owner, Tennessee-based Life Care Centers of America, as the defendants.
According to the complaint, Brown has been in a persistent vegetative state since a sustaining a traumatic brain injury in a 1997 automobile accident. He began living at Westview in January 1998.
Brown’s mother alleges that her son was awake but with minimal awareness during his stay at Westview. Brown has the capacity to suffer pain, “as manifested by symptoms of restlessness, wincing and clenching of teeth,” the complaint says.
When certified nursing assistants at Westview attempted to shower Brown in the morning of Sept. 18, 2004, they left him unattended and failed to monitor the water temperature, according to the complaint.
A mixing valve designed to prevent excessively hot water failed, and Brown suffered first-, second- and third-degree burns to his to his scalp, neck, shoulders, back and ear, the lawsuit says.
After the incident the nursing assistants allegedly returned Brown to his bed without reporting what had happened to anyone and without providing any treatment.
A licensed practical nurse noted redness and weeping blisters on Brown’s back, neck, scalp and ear three hours later and alerted the on-call registered nurse, the complaint says.
Without examining Brown, the registered nurse allegedly ordered that an antibacterial cream be applied and the wounds be dressed.
Prior to the incident, Brown’s physician had issued standing orders to use the cream for small first-degree burns. He had given no such orders for larger, more severe wounds, according to the complaint.
Brown’s mother alleges that the Westview staff did not notify her or her son’s physician of the burns until Sept. 20, 2004, after a nurse determined that Brown was showing pain symptoms.
During the two days following the scalding, Brown did not receive any medication or treatment to manage his pain, causing him to suffer needlessly, his mother says.
She alleges that Westview staff negligently failed to provide adequate supervision during the shower, monitor the water temperature properly, detect Brown’s injuries, treat them adequately and report the injuries in a timely manner.
In addition the facility failed to provide a shower that operated safely, the lawsuit says.
According to the complaint, Brown has suffered permanent injuries and scarring due to the incident.
As of press time Westview and Life Care Centers had not responded to the complaint.
The case has been assigned to U.S. District Judge Alan B. Johnson.