Nursing Home Lawsuit: Resident Dies After Spider Bite

The Supreme Court of Texas has decided that a nursing home will be sued with medical malpractice, not negligence, following the death of a resident from a brown recluse spider bite.

In 2005, Classie Mae Reed died from a spider bite she received at the Omaha Healthcare Center in East Texas. Her sister, Wilma Johnson, believes that Reed would would have never been bitten by the spider if the nursing home had properly cleaned the facility and treated it for dangerous bugs.

For years, the courts considered what kind of lawsuit this should be – a nursing home negligence lawsuit or a medical malpractice lawsuit? While lower courts contended that problems with living conditions pointed to a simple negligence case, the Supreme Court decided that health care consists of more than surgery and medication – it also includes keeping a clean environment. Ultimately, the case was dismissed because Johnson could not find the necessary medical expert to back up her claim.

What does this mean for other nursing home lawsuits and other causes of assisted living neglect? Nothing good, many experts say. If safety violations can be considered health care, nursing homes may be able to use this decision to avoid nursing home negligence cases in the future.