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Family sues assisted living facility for not calling ambulance
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Family sues assisted living facility for not calling ambulance

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BURLEY — A Burley assisted living and memory care center is being sued by a family claiming the care facility did not call an ambulance for their mother when she was throwing up a tar-like substance.

The woman’s daughter had to call the ambulance, and the woman was taken to the hospital, but died within 24 hours, the complaint filed with the court said.

Highland Estates, Burley Operations, LLC and Milestone Retirement Communities, LLC are named in the lawsuit, filed by the woman’s children, Jean Phillips, Vickie Caldwell and Duward Monroe Perkins.

Emma Perkins was a resident at the facility since 2015 and had vomited all night on Aug. 11, 2018, according to the civil lawsuit filed in Cassia County.

The center called Phillips on Aug. 12, and Phillips said she asked staff to call an ambulance for her mother but due to “negligent and reckless conduct” they did not. Phillips said she called emergency services and had her mother taken to the hospital that same day.

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The lawsuit says Perkins was extremely dehydrated, had internal bleeding and should have been brought to the hospital earlier.

The children are asking for general damages determined during a jury trial, attorney fees and costs and other relief found by the court.

The defendants deny most of the claims except for basic facts like Perkins was a resident at the facility. In the answer, the care facility says all local standards of care were met. It says Perkins had a preexisting condition, and the damages were a result of complications not due to conduct, care or treatment.

According to court documents, a hearing is set at 3:30 p.m. for a motion by the plaintiff’s attorney to withdraw from the case on Feb. 22 in Cassia County District Court.


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