Edna McMillen’s family claimed Edna died because she was a victim
of nursing home negligence. They filed suit in District Court of Cheyenne
County, Nebraska, alleging that Beverly Enterprises and its Sidney, Nebraska
nursing home were responsible for her death.
The lawsuit charged that Beverly, the largest for-profit nursing home corporation
in the United States, committed negligence while caring for Edna, allowed
her to fall, sustain leg fractures which were left unattended for a time,
with resultant death.
Specifically, the McMillen family asked that a jury decide whether Edna,
a long-time teacher in the Sidney, Nebraska area, fell and died because
she was left unattended on a commode. Edna was a wheelchair-bound patient
prone to falling. Nursing home staff failed to respond to Edna’s
cries for help for over thirty minutes. She was found on the floor with
her legs at “unnatural angles” in the bathroom where she had
Documents uncovered by Domina Law Group disclosed that the Beverly personnel
violated the Home’s own rules when Emergency Medical Services was
not called. Instead, staff lifted Mrs. McMillen’s broken body without
assessing her injuries or bracing her legs, and sat her back in her wheelchair.
She was left there for hours. Later, when she was taken to the hospital,
care came too late.
Shortly after suit was filed, Beverly opened settlement negotiations with
Domina Law Group. The compelling case assembled by Domina Law Group attorneys
Richard Hitz and David Domina led to early settlement.
“Settlement terms will not publicly disclosed,” Domina said.
“Out of respect for the family, and at Beverly’s request,
the amount or terms of settlement will not be commented on. Suffice it
to say, that Edna’s daughter, June Katen of Sidney, expressed “deep
gratitude that Domina Law Group attorneys accepted our case, and great
thanks for their excellent and swift work.”
Richard Hitz of Domina Law Group emphasizes nursing home negligence in
his practice. “This is an area of the law neglected for too long
by the trial bar. I am convinced that elderly patients receive substandard
care too often. Trial lawyers can help improve this care. I want to focus
substantial professional effort to doing so,” Hitz said.