Emily Welker, Published February 04 2014
Resident's family sues Fargo nursing home for negligenceFARGO – The family of a former nursing home resident is suing the home after they say its negligence in a fall led to the resident’s death, court records show.
A lawyer for the nursing home said lawsuits against homes are common after a resident falls and denies the allegations of negligence.
The lawsuit filed Friday in Cass County District Court against Villa Maria nursing home at 3102 S. University Drive says that stroke patient Roman Weber was admitted there for rehab care in June 2012.
Villa Maria developed a care plan for Weber, the lawsuit says, which required its employees to have two or more people helping Weber when he moved between a standing position and a bed, a chair or a wheelchair because of his instability. This was also part of doctors’ orders for Weber, the lawsuit alleges.
On Jan. 3, 2013, Weber was being transferred to his wheelchair and fell, sustaining a subdural hematoma, also known as bleeding on the brain. He did not have two people helping him at the time, the lawsuit claims.
According to the lawsuit, Weber died 11 days later as a result of his injuries, on what his obituary indicates would have been his 77th birthday.
The lawsuit, filed by his son, Mark Weber of Rutland, on behalf of Roman Weber’s family, asks for damages of more than $50,000 for pain and mental and emotional distress, plus Weber’s medical and funeral expenses.
The attorney for Villa Maria, Bradley Wiederholt, said the nursing home denies any wrongdoing.
“I don’t even think this is going anywhere,” Wiederholt said. “It’s probably going to go away before anything happens.”
Wiederholt said Villa Maria hadn’t filed an answer yet to the lawsuit. Both sides agreed to delay the case pending alternative dispute resolution.
He would not comment on what kind of resolution Weber and the nursing home might undertake and said negotiations in the lawsuit had not yet begun.
Wiederholt said nursing home negligence lawsuits are common when a residence takes a fall.
Attorneys for Weber could not be reached for comment.
Readers can reach Forum reporter Emily Welker at (701) 241-5541