Wrongful Death Lawsuit Ensues After Nursing Home Patient Is Struck By A Freight Train

The family of a deceased nursing home patient has filed a wrongful death lawsuit against Hunter Acres Caring Center and other affiliated entities.  The lawsuit comes after a March 18, 2010 incident in which the patient wandered from the Missouri nursing home onto the nearby train track where she was struck and killed by a freight train.

Wandering tragedies such as this are more common than many would like to believe. Many nursing home patients, particularly those suffering from dementia or Alzheimer’s, may have a tendency to wander or elope from facilities.

Nursing Home Patient Is Struck By A Freight TrainConsequently, nursing homes should identify those patients who are at risk for wandering and implement necessary safeguards to assure their safety.  Common wandering safeguards include:

  • Installing door alarms
  • Re-directing patients who have a tendency to wander
  • Using lock and other restrictive devices for patients who have a history of wandering
  • Adequately staffing facilities so staff can properly keep tabs on patients whereabouts

My colleague David Terry is representing the family in this matter and I am extremely confident that David will get to the heart of the facilities errors as discovery in the lawsuits progresses.

For additional information view our Missouri nursing home law page.

Related:

Son of woman killed by train files wrongful death lawsuit against nursing home Heartland News, September 21, 2010

Keith Kinder v. Hunter Acres Caring Center, Inc. (PDF)

Client Reviews

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Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial. Lisa
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After I read Jonathan’s Nursing Home Blog, I decided to hire him to look into my wife’s treatment at a local nursing home. Jonathan did a great job explaining the process and the laws that apply to nursing homes. I immediately felt at ease and was glad to have him on my side. Though the lawsuit process was at times frustrating, Jonathan reassured me, particularly at my deposition. I really felt like Jonathan cared about my wife’s best interests, and I think that came across to the lawyers for the nursing home. Eric