Wrongful Death Lawsuit is Pending Due to Death of Dropped Resident Who was Refused Care

Three healthcare workers have received criminal accusations regarding the injury and wrongful death of sixty-year old Linda J. Ober. During the autumn of 2006, Linda J. Ober sustained two broken legs when she was dropped onto the nursing home floor when she was dropped from a lift that moved her from wheelchair to bed. Within the wrongful death lawsuit allegations are that three workers dismissed Ms. Ober begging for help. Ms. Ober was told by the three workers that she just had a bad dream.

In February of this year sixty three year old Colleen Heide and fifty-eight year old Suzanne Kay Ruddell received and indictment of felony charges for criminal mistreatment. Within the paperwork filed with Multnomah County Circuit Court allegations are that Heide and Ruddell withheld needed and sufficient physical care as well as medical attention from Ms. Ober. Allegations include that the two healthcare workers had knowledge of what they were doing and conducted themselves in an unlawful manner. Heide and Ruddell will go to trial in June of this year. The third worker cited in the lawsuit is fifty-three year old Cammy Nye. She has received and indictment for allegations of misdemeanor reckless endangering. Currently, a warrant has been issued for Nye's arrest. Neither Heide nor Ruddell have responded for comment in the case.

It took a total of fifteen months following Ms. Ober's death for the indictments to be handed down. Ms. Ober's daughter filed a $3.5 million lawsuit which has captured the interest of the media. Staff from the Portland, OR police force has said that it is not atypical for a year to elapse during an investigation that is due to be presented to a grand jury.

The head of Gateway Care and Retirement Center, Rick Harding, disclosed that two of the three employees were let go from the facility. The third worker resigned her position on the heels of Ms. Ober's death. However, Mr. Harding declined to answer further questions surrounding the lawsuit or the situation surrounding Ms. Ober's death.

Gateway Care and Retirement Center had found thirteen violations of the federal standards for residents' care over the course of a fifteen month period. The period was during 2006 and 2007. It is not unusual for nursing homes to receive over a dozen citations. This usually results in the care facilities incurring thousands of dollars in fines. Within the state of Oregon a mere fourteen out of one hundred thirty-eight care facilities flew through without receiving any citations for violations.

During January of this year Administrator Harding claimed that the allegation that Ober's pain and suffering was dismissed was completely false. His claim is that when he observed Ober and spoke with her after the accident she never mentioned being in excruciating pain. He purports that the two of them spoke at great length.

An additional lawsuit filed in the latter part of January states that Gateway became hostile with former employee, Melissa Muir, when she made reports regarding patient abuse and neglect. She began to make the reports within three weeks of a six week period of being an employee. The lawsuit claims that Gateway launched retaliation against her by altering her work schedule to conflict with a second job she held which forced her resignation from Gateway.

By: Delsia Hartford

Wrongful Death Lawsuit is Pending Due to Death of Dropped Resident Who was Refused Care

Wrongful Death

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