Wrongful Death Lawsuit Filed Against New Jersey Nursing Home Claims Negligence Due to Lack of Supervision
The estate of a 75-year-old resident who died from burns sustained when he dropped a cigarette that ignited his clothing has filed a wrongful death lawsuit, claiming negligence on the part of the nursing home. The resident suffered serious third-degree burns on 40 percent of his upper body.
While the resident was outside the nursing home in a chair on the patio smoking with another resident, he dropped his cigarette onto his clothing, and it caught on fire. When the fire started, the other resident who was in a wheelchair tried to get help by unlocking the door leading back into the facility, but he was not able to reach the locking mechanism from his wheelchair. He banged on the door to try to get help, but no one responded.
When a local police officer arrived at the facility, he found the burned man still sitting in the chair on the patio with burns on his chest, arms, and back. The man told the officer that “he dropped his cigarette, causing his clothing to catch fire.”
The resident’s son alleges that his father was badly burned because staff were not supervising the frail residents while they smoked.
The suit is seeking compensatory damages, attorney’s fees, interest, and costs of the lawsuit. Court documents indicate that the attorney for the resident’s estate filed an offer to settle the matter for $1 million, but the nursing home has not yet responded.
Compliance Perspective
Allowing residents to smoke unsupervised outside of the facility, without the ability to reenter and seek assistance should it be needed, may be considered neglect, immediate jeopardy, and the provision of substandard quality of care in violation of state and federal regulations.
Discussion Points:
- Review policies and procedures regarding the facility’s smoking policy and the need for supervision of residents while they are smoking.
- Train staff on the facility’s smoking policies and procedures and the need to supervise residents during smoking breaks.
- Periodically audit residents taking smoking breaks outside the building to observe if the required staff supervision is occurring and to determine that residents are able to safely return to the building independently or with the supervising staff members’ assistance.
