In the Courts: Assisted-Living Resident Dies during Bath; Trial Necessary, Court Finds

May 10, 2013 | Aging Services Risk, Quality, & Safety Guidance

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In a case in which an assisted-living resident died while left alone for an hour in the bath, the U.S. District Court for the Northern District of Ohio, Eastern Division, has ruled that a jury trial is necessary to resolve disputed issues of fact and declined to grant the facility’s motion for summary judgment on its behalf.

The resident’s contract indicated that in regard to bathing, the resident required “standby assistance and/or assistance (help in and out of shower, turning on or off water, upper and lower extremities)” and that the facility would be responsible for “standby for safety.” The resident paid extra...

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