Nurse Criminally Charged in Nursing Home Resident’s Respiratory Death

The licensed practical nurse, a temp working at Fonda Specialty Care nursing home in Iowa, has been accused of nursing home malpractice in the form of felony wanton neglect after failing to assist a tracheostomy patient despite his gestures that he could not breathe. The man died soon afterward, an occurrence justifying the involvement of a wrongful death attorney.

An Iowa nurse has been criminally charged in the man’s wrongful death, as she allegedly neglected to clear the airway of a nursing home patient in her care, says a recent KCCI News article.

According to the article, licensed practical nurse Becky Sue Manning, 69, is accused of engaging in nursing home malpractice by ignoring repeated requests to help a patient who was struggling to breathe. The alleged incident took place in February 2023 at the Fonda Specialty Care nursing home where Manning was assigned as a temporary nurse through a medical staffing agency.

The deceased, Marvin “Pete” Jacobs, 87, had recently undergone a tracheostomy, a procedure in which a breathing tube is inserted in the windpipe to better facilitate breathing. To address the clogging of his airway that tended to occur after the procedure, a suctioning machine was positioned by staff beside his bed.

As per state inspection records, on the afternoon of Feb. 19, a nursing home employee discovered Jacobs in distress—gesturing at his throat, gasping for air, and mouthing he was unable to breathe. Prosecutors allege that the nurse summoned to help Jacobs was Manning. Despite Jacobs’s medical condition, his behavior, and that he allegedly turned shades of purple and blue, Manning did not use the suctioning machine to attempt to clear his airway. Instead the nurse took his vitals, declared Jacobs was having a heart attack, and left the room to determine if Jacobs had DNR (Do Not Resuscitate) orders, allegedly ignoring at least four aides’ suggestions that she suction him. When she returned to the room, Jacobs showed no signs of life, and Manning pronounced him deceased.

According to the article, Manning acknowledged to inspectors that various staff members said Jacobs’s airway needed clearing. “I told the staff no,” said Manning. “I was told that I would not have to do anything with the tracheostomy.” Manning allegedly also told inspectors that despite her coworkers’ input, it never occurred to her to use the suctioning machine on Jacobs’ airway.

Prosecutors also accuse Manning of preventing staff from calling 911 when Jacobs was showing signs of respiratory distress.

This alleged incident of nursing home malpractice, which warrants the securing of a wrongful death attorney, amounts to a failure to provide physician-ordered care; consequently, Manning has been charged with felony wanton neglect of a health care facility resident.

Medical professionals working at nursing homes, including those in Philadelphia/Pennsylvania and New Jersey, are required to provide their patients with all necessary medical care. Failing to do so is nursing home malpractice consistent with neglect. If your loved one living in a nursing home, including a Pennsylvania, Philadelphia, or New Jersey nursing home, is injured or dies as a result of neglect, do not wait to contact a nursing home malpractice lawyer or wrongful death attorney.

According to the article, the $10,000 fine initially levied against Fonda Specialty Care for Jacobs’s death by the Iowa Department of Inspections and Appeals was reduced to $6,500 as a result of the lack of an appeal in the case. Manning, arrested and later released on a $10,000 bond, has yet to enter a plea.

Battling Nursing Home Neglect and Wrongful Death

Attorney Brian P. Murphy endeavors to uphold the safety and rights of residents in Pennsylvania, Philadelphia, or New Jersey nursing homes. Your loved one should never be subject to nursing home negligence that results in injury or illness or especially wrongful death. Attorney Brian Murphy is experienced in taking to task negligent nursing homes in Pennsylvania, Philadelphia, and New Jersey. As a nursing home malpractice and wrongful death attorney, he holds Philadelphia/PA or NJ nursing homes accountable for all types of nursing home malpractice. If you need to contact a nursing home malpractice and wrongful death attorney, or need guidance in choosing a nursing home, call Brian Murphy today to discuss your legal options.