YOUNGSTOWN — A nursing home resident who claims he was unable to summon an aide to help him walk is now suing the facility for his resulting fall and injury.
Attorneys on behalf of Donald Mikulich of Youngstown and his wife Gay filed the civil complaint Monday in Mahoning County Common Pleas Court against Windsor House Inc. of Girard.
Mikulich was recovering from a pelvic fracture at the nursing home operator’s Liberty facility, Windsor House of Liberty, 1355 Churchill-Hubbard Road, according to the complaint.
On May 28, Mikulich used his call button to summon an aide for help with moving to the bathroom. Though an aide arrived at his room with a walker, that aide then realized they required assistance to move Mikulich, and left to find another aide, said Mikulich’s attorney, William Hawal of Cleveland.
After waiting at least an hour for the aide to return, Mikulich attempted to move to the bathroom on his own and fell, fracturing his left femur, according to the complaint. Mikulich and his wife are now seeking an unspecified amount in damages.
Windsor House of Liberty has a Medicare.gov “above average” rating of four stars. It has been cited for 14 deficiencies since 2016. Its most recent inspection conducted in August 2018 showed the facility failed to notify the family of a resident when the resident went to the hospital.
The facility was previously cited for resident grooming, food safety, equipment cleaning, bedsores and medication errors.
Windsor House Inc. operates a dozen nursing homes in the region, including locations in Youngstown; Champion; Liberty; Canfield; New Middletown; Masury; and Columbiana.
Court records do not list an attorney for Windsor House Inc.
The case has been assigned to Mahoning County Judge R. Scott Krichbaum.