Parker Waichman LLP

Woman Wanders Out of Nursing Home Undetected, Dies in Ambulance

In another case of alleged nursing home neglect, a woman who wandered out of her assisted living facility was found in a pool of blood in frigid temperatures. She died in the ambulance on the way to the hospital. The woman’s family has filed a lawsuit against the facility over claims that the facility’s negligence […]

heritage_nursing_home_elderly_deathIn another case of alleged nursing home neglect, a woman who wandered out of her assisted living facility was found in a pool of blood in frigid temperatures. She died in the ambulance on the way to the hospital.

The woman’s family has filed a lawsuit against the facility over claims that the facility’s negligence caused the death of Delores Wiersum, 85, according to PostCrescent. Wiersum had been living at The Heritage for nearly six months before her death on January 17. An Appleton police sergeant discovered her on a sidewalk, about one mile away from the facility, in a pool of blood. ThedaCare is The Heritage’s overseeing health system.

At first, given the many broken bones and cuts to her body, police thought she had been beaten; however, the autopsy revealed that Wiersum fell at least five times during the four hours she was outside in the bitter cold, her son, Tom Wiersum, told the PostCrescent. “We were just appalled at the injuries she suffered and the number of times she fell,” Tom Wiersum, said. “We really felt a very deep sadness that our beloved mother had to meet such a horrible end,” he added, according to the PostCrescent.

The Winnebago County coroner’s report indicated that Mrs. Wiersum was outside in 15-degree temperatures clad only in pajamas and a light sweater, according to Department of Health records. She likely died of hypothermia, the PostCrescent reported.

The lawsuit accuses The Heritage of violating Wiersum’s rights and causing her severe pain, mental anguish, emotional distress, and wrongful death, according to the PostCrescent. The lawsuit seeks punitive damages, as well as funeral and medical expense compensation for Mrs. Wiersum’s five adult children.

Wiersum was moved from The Heritage’s independent living to its assisted living unit this August after having suffered a mini-stroke. The assisted living unit was meant to provide her with an individual care service plan that, explained her son, included checking on his mother every two hours and ensuring she did not leave the facility unattended, according to the PostCrescent. Wiersum was designated as a safety and fall risk and diagnosed with dementia and memory loss, according to the complaint.

The complaint also indicates that the police investigation revealed that staff recorded Wiersum as sleeping in her bed at 2:00 a.m.; however, video surveillance footage shows her exiting the facility’s rear door at 12:06 a.m., PostCrescent reported.

Since, the Wisconsin Department of Health Services issued a notice of noncompliance for Heritage Assisted Living, indicating that it failed to ensure Wiersum’s safety and listed a number of issues including the staff’s failure to conduct the two-hour safety checks and that no incident reports were filed concerning two incidents of Wiersum wandering through the facility’s hallways, according to PostCrescent. The notice indicated that immediately following Wiersum’s exit she spent 30 minutes trying to open the locked door, pulling on the door, and pushing a keypad. She eventually wandered away.

“Whenever I think about my mother now, I think about her walking in the dark, freezing weather and not having any place to go,” Tom Wiersum told the PostCrescent. “It’s been a haunting memory for me. I’ve lived her death a thousand times.”

We have long written about the growing issue of elder abuse and neglect in nursing home facilities. While news of such abuse routinely makes headlines, the deplorable practice continues. This is significant issue given that the senior population is expanding and living longer and more and more, people find themselves faced with the challenging decision of placing older relatives and loved ones in nursing home care. Unfortunately, family and loved ones seeking care of their seniors are sometimes left with very limited options and loved ones often suffer devastating indignities that include a broad array of abuse and neglect.

Some 5.2 million Americans have Alzheimer’s disease today and, by 2025, that number could reach 7.1 million, the Alzheimer’s Association reports. Meanwhile, a 2001 Congressional report revealed that nearly one out of every three United States nursing homes were cited for at least one abuse violation over a two-year period. “In over 1,600 of these nursing homes, the abuse violations were serious enough to cause actual harm to residents or to place the residents in immediate jeopardy of death or serious injury,” the report stated.

What Our Clients Say About Us
We have worked with thousands of clients and we appreciate them and their positive reviews. Here are just a few recent client reviews...
5 Star Reviews 150
First off I have to say thank you to Linda Luckman and Brett Zekowski. Extra kudos to Linda, thank you for your patience, I know I called you so many times, and you were pleasant all the time , answered my questions, and called me back EVERYTIME , you said you would, or if I left a message for you..Parker Waichman, KEEP HER, she's truly an asset to the company. I couldn't wait to meet that lovely lady, was one of the people I had to see.and what a lovely lady indeed...Anyway, let me get on with the review...I am very happy to have Parker Watchman represent me as this company is an excellent company who kept me informed along the way, receptionists answering the phones friendly, and I truly felt the company was doing what was best for me..thank you guys, great job!! If you need a lawyer, I highly recommend Parker Waichman!!
Joseph Monroe
5 years ago
5 Star Reviews 150
I am very grateful for the service they gave me. Julian Aurora and Jorge helped me a lot. Thank you!!!
Sonia Estrada
6 months ago
5 Star Reviews 150
Positive: Professionalism , Quality I want to say thank you to Denny Tang for handling my case. He’s a great attorney, always responsive and pleasant to speak with. Thank you for everything.
Leyla Coello
3 years ago

Why Choose Us to Help You?

We Take Care of Everything
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
No Recovery = No Legal Fees
We work on a contingency-fee basis, meaning that we only get paid from a portion of your settlement or jury award. If you don't get compensation, you owe us nothing.
Decades of Experience
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
Respected by Our Peers
Judges, insurance adjusters, and fellow attorneys all speak highly of our skills, and we've earned numerous accolades, including a flawless rating from AVVO.
We Have Many Locations To Serve You
We have the experience and the skilled litigators to win your case. Contact us and speak with a real attorney who can help you.
Long Island – Nassau
Parker Waichman LLP
6 Harbor Park Drive
Port Washington, NY 11050
Long Island – Suffolk
Parker Waichman LLP
201 Old Country Road – Suite 145
Melville, NY 11747
New York
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038
Queens
Parker Waichman LLP
118-35 Queens Boulevard, Suite 400
Forest Hills, NY 11375
Brooklyn
Parker Waichman LLP
300 Cadman Plaza West
One Pierrepont Plaza, 12th Floor
Brooklyn, NY 11201
New Jersey
Parker Waichman LLP
80 Main Street, Suite 265
West Orange, NJ 07052
Florida
Parker Waichman LLP
27299 Riverview Center Boulevard
Suite 108
Bonita Springs, FL 34134
Nationwide Service
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038