New Year’s Eve, a day that should be marked by celebration and aspirational hopes for the coming year, was marred by tragedy for the family of recently retired congresswoman Eddie Bernice Johnson – the first registered nurse elected to Congress.

More details emerged about the tragedy on January 4, 2024, when the family’s attorneys released a pre-lawsuit notice regarding their intent to pursue litigation for medical negligence.

Kirk Johnson, the congresswoman’s son, and his attorney allege Johnson’s passing was a result of the negligent care she received at the Baylor Scott & White Institute for Rehabilitation, a Dallas rehabilitation facility in which she was recovering after a surgery.

Some of what Johnson endured was detailed by the family’s attorney and Kirk during a press conference.

On September 21, 2023, Kirk received a call from his mother. She was covered in feces, including on her surgery wound, and needed help, but none of the facility’s staff was responding to the emergency call button. Kirk left his house and drove to the facility (which was 10 to 12 minutes away). His mother still hadn’t been assisted by the time he arrived in her room, so he tried the call button.

At that point, he went to the nursing station, which was empty. It was minutes later before a nurse finally found him and informed him the nursing staff was “in training” and would assist when they were done. The condition in which she was left unattended with no help is alleged to have caused the infection.

Johnson was well on her way to recovery and expected to go home within a week or two after her back surgery. Instead, the infection resulted in her needing to go back to the hospital to have the incision reopened in order to debride the wound. Her surgeon removed and replaced the medical devices implanted during the initial surgery over concerns they too were infected. She was then put on an aggressive course of antibiotics for months but ultimately did not recover from the infection.

This situation is tragic in a host of ways. The first registered nurse to be elected to Congress was neglected by techs and nurses, allegedly leading to her death. The family’s attorney suggests lab results indicate the infection can be clearly attributed to Johnson being left in her own feces without her or her wound being quickly cleaned. And the family claims the infection was agonizing, making her last months physically, emotionally and psychologically painful for Johnson and her family.

Thousands of people experience similar preventable tragedies every year. This high-profile example of medical negligence should act as a reminder of the importance of vigilance when a loved one is in any type of inpatient or nursing facility.

Preventing These Tragedies for Families in Houston

In addition to helping with future claims, being proactive shows facility staff that you’re paying attention and have the necessary knowledge and tools to hold negligent healthcare providers accountable. Some steps you can take to safeguard yourself or your family members in care facilities include:

  • Talk to the physician or charge nurse (the supervisor) and ask about protocols regarding how often patients or residents are checked on and how emergency situations are handled.
  • Get a copy of the care plan for your records and report failures to adhere to the plan.
  • Find out how many nurses or techs are on staff at all times, the staff-to-patient ratio and how long it should take for them to respond if you or your loved one needs help in an emergency.
  • Request details on the qualifications and certifications of the techs or nurses who will be caring for you or your loved one.
  • Find out how often doctors make rounds and their schedules.
  • Be sure you understand how often patients should be turned or repositioned to prevent bed sores, bathed, have sheets changed and receive other regular daily care services. It may be a good idea to do your own research to ensure the facility’s protocols align with industry standards. Record any deviations from their own stated standards.
  • Ask about the speed and processing of labs and diagnostics. If an infection is suspected, how long will it take for a blood or urine test to be performed? How long will it take for lab results to be obtained and for antibiotics to be started?
  • Be sure they can accommodate patients with specialized care needs, like special mattresses and additional care protocols for patients who are overweight.
  • Document your conversations with staff and physicians, especially any conversations pertaining to care expectations and failures to meet those expectations.
  • Do your own hygiene and cleanliness examination of the facility and your family member’s room when you visit. Examine bedding and the bathroom to ensure it has been cleaned recently.
  • Always report concerns promptly, even if you only suspect a problem. Infections or serious injuries can have terrible consequences in recovery and rehabilitation facilities, and you will regret not saying something if you or your loved one’s condition worsens due to inaction.

We Fight for Houston Families Who Have Suffered Injuries in Nursing or Rehabilitation Facilities in Houston

The team at the Weycer Law Firm understands how stressful it can be to have a parent, spouse or family member at a recovery center, nursing home or assisted living facility.

Trusting strangers with the care and daily needs of a loved one isn’t easy, and it is emotionally devastating when a loved one suffers an injury or death due to negligent or substandard care in one of these facilities. We’re here to fight for you if your family has been the victim of negligent care. Call us at (713) 668-4545 for a free consultation.