Man sues Overland Park nursing home after his wife falls out of bed and dies

A man is suing an Overland Park nursing home and doctor after his wife died days falling out of her bed.

Betty Miller was a resident of Advanced Health Care of Overland Park when the fall occurred, according to court documents filed in Johnson County District Court in November.

Betty Miller allegedly fell out of her bed sometime late Dec. 1, 2020, but was not found until 7:30 a.m. the following morning, despite her being a known bed fall risk.

Court documents state that Betty Miller was last checked on just after 11 p.m., meaning she was potentially lying on the floor, injured, for several hours.

Even after complaining of shoulder pain, Betty Miller was not transported to the hospital until just before 2:30 p.m.Dec. 3, where it was determined she dislocated her shoulder and broke a bone in her upper arm, according to court documents.

As a result of her injuries, Betty Miller died on Dec. 8, the lawsuit states.

Her husband, John Miller, is suing Advanced Health Care and Neal Erickson, the doctor who admitted Betty Miller to the facility.

The lawsuit claims Erickson was negligent by failing to order bed fall safety measures, although he had knowledge of her past history of falling. Betty Miller’s records at the facility indicate she was known to “frequently slide down in bed or chair, requiring frequent repositioning with maximum assistance” and that she needed “interventions to prevent falls.”

Additional negligence from the facility came after Betty Miller was not transported to the hospital immediately after her fall, according to the lawsuit.

John Miller’s attorney, Ben Friesen, said his client feels like Advanced Health Care stole precious moments from him.

“He felt like he had more time. He’s upset that something so simple could have prevented that,” Friesen said. “Whether it was more days, more weeks or more months, or even more years, he just felt like he was robbed of what would have been his last days with his wife.”

In addition, Friesen said John Miller is experiencing great amounts of distress as a result of Betty Miller’s fall. Once her primary caregiver, John Miller entered Betty Miller into temporary residency as a way to give himself respite. The stay was supposed to last just a few weeks.

Now, John Miller regrets helping his wife choose Advanced Health Care, and he’s spending his final years grieving.

“Because of this, he’s got to spend a significant portion of the later years of his life doing this and trying to fight for Betty, when he and Betty should be enjoying them together,” Friesen said.

Friesen said there are many ways nursing homes can prevent patients from falling out of bed, including ordering a bed that’s lower to the ground, putting mats around the floor, and checking on the patient frequently during the night.

However, necessary fall precautions were not taken in Betty Miller’s case, Friesen said.

In February, Advanced Health Care was fined $56,030 by the Department of Health and Human Services after a certified nursing assistant allegedly verbally abused a resident. The penalty alleges the facility failed to properly report the incident.

A report from DHHS alleges the CNA yelled at a distressed resident, told her, “You’re the devil,” then placed her call light out of reach.

The facility has been fined four times in the last three years and has received 11 citations total.

Previous violations include failing to properly investigate the cause of a patient’s fall in September 2021.

Friesen said he hopes John Miller’s lawsuit will enact change at Advanced Health Care and prevent future loved ones from experiencing the same loss.

“John would like to see an improvement within their systems … that whenever a patient gets identified as a bad fall risk, or there are indications that they might fall out of their bed, that those things are provided, and they’re not just passed over,” Friesen said. “I’m always hopeful that they will step up to the plate and do that.”

Advanced Health Care’s legal representation did not respond to a request for comment. Erickson could not be immediately reached for comment.

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