Lawsuit filed over death of 88-year-old hurt at Kansas nursing home

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Not the actual nursing home, generic photo of recliner.

DERBY, Kan. — The family of an 88-year-old woman who died after she was hurt at a nursing home that was taken over by the state has filed a wrongful death lawsuit.

The suit alleges that Westview of Derby failed to properly care for Barbara Ann Bennett after she slipped out of her recliner in January 2018 and hit her leg on a wheelchair. The Wichita Eagle reports that despite swelling and bruising, she didn’t receive antibiotics until almost a month later, after she fell again. The suit also alleges that the facility failed to send her to a wound clinic for treatment as her condition worsened.

She died in March, and the state took over the facility in September due to insolvency. An attorney for LSL of Derby, a limited liability company named in the lawsuit, declined to comment.

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