PUEBLO, Colo. (KRDO) -- A federal lawsuit has been filed against a Pueblo nursing home alleging negligence, violation of the Colorado Consumer Protection Act, and wrongful death.
The lawsuit says Theresa Jaquez, 63, died after being in the care of Belmont Lodge Healthcare Center for less than two weeks.
Jaquez was admitted to Belmont Lodge on February 26, 2020, with a medical history of cerebral infarction, generalized muscle weakness, dysphagia, a cognitive communication deficit, hypothyroidism, dyslipidemia and was a high fall risk, according to the lawsuit.
The lawsuit says after being admitted the 63-year-old suffered from at least two documented falls, one on March 5 and March 7, 2020.
The March 5 fall was not witnessed by staff but happened when Jaquez was trying to use the restroom, according to attorneys.
Jaquez fell while getting into a transportation van using her walker on March 7, instead of a wheelchair and suffered a hematoma on the right side of her head, the lawsuit says.
After being transported to the hospital, a doctor discovered she was suffering from a subarachnoid hemorrhage after performing a CT scan. She was transported to a Colorado Springs hospital for further treatment, where she died on March 10, 2020.
The lawsuit alleges Belmont Lodge Healthcare Center failed to develop proper care plans and provide necessary care and treatment for Jaquez and other residents.
"Defendants failed to respond in a timely manner with appropriate medical, nursing, and custodial care when Theresa Jaquez was injured, including when she experienced numerous falls with injuries, including skin tears, bumps, bruises, lacerations, hematomas, and head injuries; severe pain; and death," the lawsuit states.
Attorneys for Jaquez's sister allege Belmont Lodge Healthcare Center's advertising for the comprehensive, 24/7 care is what led the family to place Jaquez in their care. The family contends that the advertising is unfair and deceptive, claiming that the facility knew it couldn't provide the level of care and treatment to ensure the health and safety of residents, including Jaquez, due to "chronic and pervasive understaffing" at Belmont Lodge.
Belmont Lodge Healthcare Center was previously profiled in a 13 Investigates story for having 130 state nursing home violations in a four-year period. Our investigation found the facility had 42 repeat violations for a repeat violation rate of 32.3%
We've reached out to Belmont Lodge Healthcare Center for comment on the allegations levied against them in the lawsuit, but have not yet heard back.