The mother of a woman who died while in the care of the Ebensburg Center has filed a lawsuit claiming the center's medical staff and the Department of Public Welfare are responsible for the woman's wrongful death. The Ebensburg Center is a long-term care home that serves those with mental illnesses.

According to the lawsuit, the deceased woman was admitted to the center in 2007. In December of that year, following what was called a "behavioral crisis," she was given two shots of Haldol, a powerful anti-psychotic drug. She then became unconscious and died from a drug overdose about 40 minutes after being given the second shot.

The federal lawsuit alleges civil rights violations and wrongful death due to medical malpractice or negligence. In particular, the suit alleges that the facility violated regulations in place to help prevent patient abuse and did not have written policies and procedures in place to prevent events such as this. According to the woman's mother, the two doses of Haldol were given in dangerous amounts and were given too close together, ultimately resulting in her daughter's death.

The lawsuit also contends that the Ebensburg Center has a history of violating patient's rights, which has been documented by the state Department of Health and by the Pennsylvania Auditor.

At this time, the state has not yet responded to the lawsuit, but they did remove the case from the Cambria County Court of Common Pleas to federal court. This case may involve some interesting legal issues surrounding the immunity of public facilities from lawsuits and exceptions to that immunity that may exist within federal law.

Just recently, the U.S. Third Circuit Court of Appeals allowed a lawsuit based on federal law against a county-run nursing home. This case may be an opportunity to shed more light on that prior decision, so we hope to update this story as the case proceeds.

Related Resources:

Mother suing Ebensburg Center over drug overdose (AltoonaMirror.com)