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Abuse and neglect of elderly resident causes her death

By Andrew Gross / July 6, 2018

The Kosieradzki Smith Law Firm has recently commenced a lawsuit based on the abuse and neglect of  Evelyn Schweim by her caregiver, Francisco Javier Ramirez, and the staffing company that hired, All Temporaries Midwest, Inc. The lawsuit paper, known as a complaint, is available here. The Kosieradzki Smith Law Firm represents the family of Evelyn Schweim, who died after Mr. Ramirez dropped Ms. Schweim from a lift while bathing her. Mr. Ramirez has been charged with manslaughter for his actions.

Francisco Javier Ramirez — Photo from Redwood County Sheriff’s Office

Evelyn Schweim was a resident of the Redwood Falls Good Samaritan Nursing Home. She required the assistance of two staff members to transfer her safely into and out of the bathtub.

On September 10, 2017, Mr. Ramirez bathed Ms. Schweim in a hasty and careless manner.  Although he knew that two staff members were required to transfer Ms. Schweim, Mr. Ramirez disregarded that requirement and chose not to ask another staff member to assist in transferring Ms. Schweim into the bath tub.  He transferred Ms. Schweim from a wheelchair to the tub lift chair by himself.

After bathing Ms. Schweim, Mr. Ramirez chose to lift her out of the tub in the tub lift chair with no other staff assistance, disregarding the requirement that two staff members transfer Schweim out of the bath tub. Mr. Ramirez chose to lift Ms. Schweim up and over the side of the tub with the tub lift chair raised to its maximum height because he did not want to wait for the water to drain out of the tub.

While Mr. Ramirez had Ms. Schweim elevated and suspended in the lift chair at its maximum height, Mr. Ramirez chose to remove the strap that secured Ms. Schweim in the chair. While he had Ms. Schweim elevated, suspended, and unsecured in the lift chair at its maximum height, Mr. Ramirez chose to attempt to place a sling under his wet and slippery patient, causing her to go forward and fall out of the lift chair.

Completely unable to protect herself, Ms. Schweim landed on the hard floor several feet below. She landed on her feet and fell onto her left side, her left ankle twisted, and her left leg had visible broken bones.

Although Mr. Ramirez knew that Ms. Schweim was severely injured, he dragged her away from the door by pulling on her gown. Instead of using the phone, walkie-talkie, or call light available in the tub room to call for help, Mr. Ramirez left Ms. Schweim alone lying on the tub room floor.  The bones of Ms. Schweim’s left leg were visible, and only her skin held her left foot to her leg.

Ms. Schweim died on September 17, 2017, due to complications of the multiple skeletal fractures caused by the September 10, 2017 fall from the elevated lift seat.

The Kosieradzki Smith Law Firm represents people who have been injured by the abuse and neglect of nursing homes and their staffing companies and employees. Unfortunately, instances of abuse and neglect against the elderly are still far too common. Hopefully, as families continue to stand up and hold wrongdoers accountable, we will be able to curtail this abuse and neglect.