The lawsuit alleges the nursing home, Warsaw Healthcare Center, committed malpractice. The health department investigated the incident and found, "The facility staff failed to provide the necessary care and services to maintain Dilantin blood levels at the highest practicable level to prevent seizures.
The lawsuit alleges the Warsaw nursing home negligently breached its duty in the following ways:
a. Failed to provide the anticonvulsant medication Dilantin 200 mg capsules, II Tabs (400 mg) po qhs as prescribed by the physician (and as outlined in the plan of care) in this patient at acknowledged high risk for recurrent seizures and at acknowledged high risk for recurrent falls from seizures (who was still capable of swallowing her meds);
b. Altered ("doctored") medical records that were misleading, appearing like the patient inaccurately received her meds (including her Dilantin) and did not provide the adequate documentation in the medical records to report that patient not taking critical oral Dilantin in May 2007 at Warsaw Healthcare Center;
c. Failed to utilize SL Valium prescribed by attending physician to be provided to patient if unable to take Dilantin to prevent seizures and to prevent falls secondary to seizures in this acknowledged high risk vulnerable elder;
d. Failed to communicate with the attending physician, relevant family member(s) and administration about the lack of ability in May 2007 to follow the plan of care/standard of care;
e. Failed to prevent a recurrent "preventable" fall secondary to a "preventable" recurrent seizure episode in May 2007;
f. Failed to provide the necessary care and services to maintain Dilantin blood levels at the highest practicable level to prevent seizures.