Posted On: April 24, 2009 by David W. Terry

Michigan Nursing Home Charged With Felony Abuse

MediLodge of Monroe, located in Monroe, Michigan, faces a felony abuse criminal charge in a 2004 case where an elderly resident died a day after falling out of his wheelchair. The nursing home itself has been named as the defendant due to the length of time that has passed since the resident's death. The delay in the filing of charges came because the resident's relative did not notify the Michigan Attorney General of the injury until this year. The Attorney General's Office investigated the incident and filed charges. The Attorney General's Office has also accused facility employees of failing to report Mr. Boushaw's fall and death, as required by law.

Matt Frendewey, spokesman for the Attorney General's Office, said, "The incident was never reported. This resulted in a substantial delay."

Melvin Boushaw, 81, allegedly fell from his wheelchair on September 24, 2004, after being left alone in his room for approximately 5 to 10 minutes. He was found on the floor by a facility employee. He was taken to Mercy Memorial Hospital with trauma to his head and face and died on September 25, 2004. His cause of death included pneumonia and respiratory failure and he had suffered a cervical fracture, facial contusions, and facial lacerations in the fall.

The Attorney General's Office said that Mr. Boushaw had suffered 21 recorded falls from his wheelchair in one year. Because he was a chronic fall risk, he should have never been left alone and "this fact was common knowledge throughout the facility".

The Attorney General's Office alleges that Mr. Boushaw's fall led directly to his death and could have been prevented. The staff did not provide appropriate care to prevent his repeated falls.

This case is the second one this year that had led to felony abuse charges against MediLodge. In another case, a 91 year old femal resident fell from her wheelchair, suffered severe injuries, and died. A nurse aide was convicted through a plea agreement.

If the facility is convicted of abuse, it faces fines or sanctions. MediLodge could also be excluded from receiving federal funds.

MediLodge owns and operates 15 nursing homes in Michigan.