Fair Acres Nursing Home sued over resident's ulcers and fall

By Kelly Holleran | Aug 6, 2013

A nursing home finds itself at the center of a lawsuit in which it is blamed for allowing a woman to develop ulcers and for enabling her to fall.

Nicholas J. Dolce filed a lawsuit July 24 in St. Clair County Circuit Court against Fair Acres Nursing Home.

In his complaint, Nicholas Dolce alleges Betty Dolce was living in Fair Acres after developing dementia, Parkinson’s, anxiety and depression. She was diagnosed as being at risk for falls because of her cognition levels and unawareness of safety issues, according to the complaint.

Despite Betty Dolce’s risk of falling, nursing home employees failed to adequately assist her, causing her fall forward from her wheelchair and to the floor on Dec. 28, the suit states. As a result, Betty Dolce sustained numerous head injuries, the complaint says.

Betty Dolce remained in Fair Acres until March when she was transferred to Marshall Browning. There, Betty Dolce was diagnosed with severe decubitus ulcers, which she allegedly developed at the nursing home, Nicholas Dolce alleges.

Because of her fall and ulcers, Betty Dolce suffered sepsis and staph infection, endured a marked deterioration of her prior physical and mental conditions and incurred medical costs, according to the complaint. She also suffered great pain, emotional distress and mental anguish, the suit states.

Nicholas Dolce blames Fair Acres for causing Betty Dolce’s injuries, saying it negligently failed to care for her in a manner that enhanced her quality of life, failed to employ sufficient staff to meet the needs of its residents, failed to assist Betty Dolce, failed to evaluate her and provide her with adequate supervision and violated its own residence care policies by failing to provide necessary care to Betty Dolce, among other negligent actions.

In his complaint, Nicholas Dolce seeks a judgment of more than $100,000, plus attorney’s fees.

Mary Mansfield Brauer of Cook, Ysursa, Bartholomew, Brauer and Shevlin in Belleville will be representing him.

St. Clair County Circuit Court case number: 13-L-383.

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