Tennessee Nursing Home Resident with Dementia Dies after drinking Laundry Detergent:
The wrongful death lawsuit brought against Prosperity Pointe, an assisted living and memory care facility in Knox County, claims negligence amounting to nursing home malpractice resulted in the resident’s death.
A nursing home malpractice and wrongful death lawsuit has been brought against a Tennessee nursing home after a resident with dementia drank laundry detergent and died, says a news article on wbir.com. According to the complaint filed against Knox County’s Prosperity Pointe by the deceased’s family, negligence on the part of the assisted living and memory care facility created the circumstances under which Benny McDaniel died of poisoning from drinking laundry detergent.
According to the lawsuit, on March 19, McDaniel, who was diagnosed with both Alzheimer’s and dementia and resided on the memory care floor at Prosperity Pointe, gained access to the laundry room as the result of a broken door and drank laundry detergent. McDaniel died of poisoning on March 28. The complaint argues that since the facility was aware of the broken door, it thereby “created the dangerous condition” that enabled McDaniel to access the laundry detergent. This careless act of nursing home malpractice by Prosperity Pointe, says the lawsuit, demonstrated “intentional and reckless disregard for safety” and amounts to negligence according to Tennessee law.
The article referenced an American Association of Retired Persons (AARP) health article on dementia patients that outlines the risks laundry detergent, especially laundry pods that might resemble candy, poses to dementia patients. According to the AARP article, 75 percent of deaths associated with highly concentrated detergents are dementia patients.
Nursing homes are required by law to meet the care needs of each of its residents. This requirement includes providing safe conditions for residents, particularly those living with Alzheimer’s or dementia, who need specialized care and attention. Not meeting the care needs of residents or abusing their rights equates to nursing home malpractice; furthermore, if a nursing home resident with dementia suffers injuries as a result abuse or neglect, a nursing home malpractice claim may need to be filed against the nursing home or a member of its staff. In the event of a resident’s death resulting from nursing home malpractice, a wrongful death attorney should be contacted. If your loved one has dementia and you have concerns about his or her care and safety in the nursing home, contact a nursing home malpractice attorney immediately.
According to the WBIR article, a 2022 investigation of Prosperity Pointe turned up deficiencies related to vaccine documentation, missing signatures on reviews, incomplete or incorrect resident records, and hot water temperatures. The article went on to say that in 2020 the facility was fined $10,000 after a hospice patient with dementia was found dead in his room with his head stuck between the bed rail and the mattress.
Advocating for Dementia Patients against Nursing Home Malpractice and Wrongful Death
Attorney Brian P. Murphy’s law practice is dedicated to holding Pennsylvania, Philadelphia, or New Jersey nursing homes accountable for acts of negligence, abuse, and other types of nursing home malpractice, including such acts against residents with some form of dementia. Your loved one living in a Philadelphia/PA or NJ nursing home should be secure in the knowledge that his or her rights will be upheld and that he or she can live free from the fear of abuse or neglect. As an experienced nursing home malpractice and wrongful death attorney, Brian Murphy is dedicated to protecting the health, security, and well-being of Philadelphia/PA and NJ nursing home residents. Should you find yourself needing to contact a nursing home malpractice and wrongful death attorney, call Brian Murphy today to discuss your legal options.
