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Suit alleges abusive woman died after being denied care

03:22 PM CDT on Tuesday, May 1, 2007

Mika Edwards / Houma Courier

HOUMA -- The profanity and racial epithets from an elderly woman with dementia caused the staff of a west-Houma nursing home to withhold medical care and that ultimately contributed to her death, the woman’s son alleges.

Sonny Baye of Schriever filed a lawsuit against Heritage Manor of Houma in March. The suit, filed in Terrebonne district court, claims the lack of care contributed to his 79-year-old mother’s 2004 death. He’s seeking $600,000 in damages.

The nursing home filed a written response denying all allegations. The document also requests that the lawsuit be dismissed and Baye be required to pay all legal costs.

The nursing home’s lawyer C. Blair Bright of New Orleans said he could not comment on the lawsuit.

The lawsuit alleges that Marie Baye’s treatment deteriorated to the point of "abuse and neglect" resulting in bruises, large bed sores, pulmonary difficulties and bloody wounds. It also alleges that Marie, who wore protective undergarments, was left unchanged for long periods of time.

Marie died on Christmas Day, two weeks after she was moved from the Polk Street nursing home and to another nursing home in Lafourche Parish, Baye said.

"She could have lived a lot longer if she got proper care," he said. "I don’t think any person should get treated that way, even if they do have dementia."

Marie lived at Heritage Manor for five years, but the alleged abuse did not begin until the last 18 months of her stay, Baye said. The neglect began when Marie started exhibiting symptoms of Alzheimer’s disease and dementia, which caused her to act out at employees, he alleges.

While the lawsuit does not claim the retaliation was racially motivated, Baye said some employees lashed out at Marie when she began using racial epithets against the staff.

"She was cussing everybody," he said. "She didn’t know what she was saying, but they took offense to it."

Bruises and bedsores appeared on Marie’s hands, hips, legs, butt, torso and other parts of her body at various times throughout the 18-month period, according to the suit.

The lawsuit also claims that Marie went for extended periods of time without a required oxygen tank.

After speaking to management about his concerns, Baye said he was told the matter would be investigated but instead the situation only got worse, the lawsuit states.

In October 2004, Baye said he filed a police report with the Houma Police, an attempt to document the neglect against his mother. The police took no action, he said.

Baye said it took more than two years to file a lawsuit against Heritage Manor because he had to wait for the state medical board to rule on whether facility staff acted improperly.

The board ruled in favor of the nursing home, an outcome Baye said he expected. "You can’t appeal a medical-board decision, you have to take it to district court," he said.

Now that the nursing home has filed a response, the next step is for both parties to go into deposition. If the lawsuit isn’t settled at that point, it will go to court.