Unattended assisted living facility resident falls and suffers fatal injuries while aide is on her cell phone

An 83-year-old woman was a resident of an assisted living facility. While she was using the bathroom, the aide who was supposed to be helping her, stepped out of the room to use a cell phone. The woman, who had suffered a stroke, and was unable to use her left side, fell to the floor. She cracked the vertebrae in her neck, two vertebrae in her lower back and fractured her pelvis. She was hospitalized and then had extensive rehab. The woman died, in part due to the complications from her fall and fractures. A claim was brought to recover damages by her sons. After the Center for Medicare & Medicaid Services was reimbursed for a significant lien, the balance of the settlement was distributed to her sons.