A lawsuit petition filed in Marion County Court last week claims that Jackie Dean Turner of Mountain Home died as a result of medical malpractice while entrusted to the care of Creekside at the Springs in Yellville. Creekside is a for-profit Skilled Nursing Facility with 96 beds owned by Yellville Healthcare LLC.
72 year old Turner, a resident of Mountain Home, died in Oct. 2022. The petition claims that Turner “suffered egregious injuries and ultimately death due to the care and treatment, and lack thereof, while she was a resident at Creekside.”
Turner, a dementia and Alzheimer patient, was admitted to the facility in June 2022. The petition states that staff and administrators were made aware at that time of Turner’s history of episodes of choking on her food. Creekside’s parent company is accused of failing to provide sufficient staff, services, and supplies to meet Turner’s needs. The petition claims Creekside never modified her diet to reduce the risk of choking and that they did not provide adequate supervision during her meals.
On or about October 30, 2022, Turner was given a hotdog on a bun for lunch by the Creekside staff and she experienced a choking incident. Nurses at the facility attempted the heimlich maneuver on Turner but her breathing and pulse stopped approximately 25 minutes after the choking incident began.
In addition to Yellville Healthcare LLC, John Doe 1-5 are also listed as defendants. These defendants are unidentified “individuals, corporations, limited liability companies or other entities that may have liability and or/ the right to control operations of Creekside” during times relevant to the action described in the petition. The plaintiff in the case is an administrator for Turner’s estate.
The lawsuit accuses the company of violations of Arkansas residents rights and wrongful death as well as medical malpractice. The case pursues punitive damages and damages under the Medicare secondary payer act. The secondary payer act would entitle the plaintiff to recover as damages, double the amount of medical bills paid by Medicare.
The petition demands a trial by jury for the case. The plaintiff’s legal representation is Odom Law Firm of Fayetteville. The defendants in the case have been summoned to respond to the lawsuit within 30 days of receipt of the summons.
