A nursing home in Carlisle, the county seat of Nicholas County, is being investigated by the state Attorney General's Office of Medicaid Fraud and Abuse Control pursuant to a "Type A" citation sent to it by the Kentucky Cabinet for Health and Family Services.

The citation relates to an incident that occurred last year at the Johnson Mathers Nursing Home in which a resident choked to death while eating. The conduct of a nurse at the facility is being questioned, and the resident's estate has filed a wrongful death lawsuit against the home.

Both the state citation and the wrongful death complaint state that the nurse witnessed the resident struggling, but did not immediately come to her assistance. Rather, she left the patient alone and did not notify any other workers at the facility. Instead, she spent 15 - 20 minutes cleaning a suction machine used to help choke victims, even though Johnson Mathers maintains a clean suction machine at all times for emergency use.

The complaint further alleges that, after cleaning the machine, the nurse took as much as 10 additional minutes to get back to the patient. Attempts to clear the choking were unsuccessful, and the nurse pronounced the resident "gone" to other staff members.

In fact, the patient was not dead. She died shortly thereafter in the emergency room of an adjoining hospital.

In addition to the wrongful death lawsuit, a criminal action could also commence. Investigators at the Attorney General's Office are currently considering whether to forward the matter to local prosecutors.

Related Resource: Lexington Herald Leader, "Lawsuit filed against nursing home where resident choked to death" June 10, 2011