MCGEHEE - A local woman suffered years of neglect in a McGehee nursing home, and now her niece has filed a lawsuit against the former owners and operators, alleging their lack of care hastened her aunt's death.

On Nov. 6, 2000, Gladys Smith moved into what was then known as Beverly Healthcare - McGehee. While she lived there, the nursing home changed first to Golden LivingCenter - McGehee and then to Southern Heritage Healthcare and Rehabilitation, LLC.

Smith's niece, Lutiaus Watkins, has filed a lawsuit against Beverly Healthcare and Golden Living for the neglect her aunt suffered in the nursing home during the years those companies owned the facility. Beverly owned and operated the nursing home until 2006, and Golden owned it from 2006 until 2009.

Melody Piazza, an attorney with Wilkes & McHugh, P.A. in Little Rock, is representing the family in the case.
The lawsuit alleges the defendants were aware of Gladys Smith's medical condition and the care she required but claimed they could adequately care for her needs. However, during her residency, Gladys Smith endured:

• Multiple falls, resulting in injuries;
• Fractured right hip, requiring surgical repair (hip replacement);
• Dehydration;
• Malnutrition;
• Weight loss;
• Poor hygiene;
• Pain; and
• Untimely death.

The injuries caused Smith to endure loss of personal dignity, pain and suffering, hospitalizations, mental anguish, degradation, disability, disfigurement, and emotional distress, according to the suit.

In surveys and inspections conducted while Gladys Smith lived at the home, the Arkansas Office of Long Term Care repeatedly cited the nursing home for regulatory deficiencies related to the care and treatment of the facility's residents. Both Beverly and Golden were cited for:

• Failure to give residents proper treatment to prevent new bed (pressure) sores or heal existing bed sores;
• Failure to make sure the nursing home is free of dangers that cause accidents;
• Failure to keep the rate of medication errors (wrong drug, wrong dose, wrong time) to less than 5 percent ; and
• More than 20 other deficiencies.

The extent to which those citations directly affected Gladys Smith remains to be discovered. However, all of the cited deficiencies establish that the defendants had been notified of problems with resident care. The lawsuit alleges the defendants tried to maximize profits by reducing staffing levels below that needed to provide adequate care to residents but that would still comply with federal and state regulations. The personnel on duty at any given time could not reasonably tend to the needs of their assigned residents, according to the complaint.

The lawsuit, Gladys Smith v. Beverly Healthcare - McGehee and Golden LivingCenter - McGehee, was filed April 11, 2011, in Desha County Circuit Court. The complaint alleges negligence, negligence as defined by the Arkansas Medical Malpractice Act, and violation of the Long-Term Care Facility Residents Act. It seeks compensatory and punitive damages, as well as a jury trial.