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 JL v. Country Terrace

 JL v. Country Terrace

90-year-old legally blind resident of a CBRF with moderate dementia allowed to smoke cigarettes alone, unsupervised dies from burns.

JL was a 90-year-old legally blind, cognitively impaired resident of a CBRF in Northern Wisconsin.  She was a lifelong smoker.  She had been a resident of Country Terrace for years.  Due to her dementia, JL would often lower her cigarette to her waist and burn holes in her pants and clothes.  After repeated requests from JL’s daughter, a “smoking apron” was purchased for her, and her care plan was updated so that she could only receive one cigarette at a time from an aide.  JL’s care plan specifically stated she could only smoke with supervision, that an aide would light the cigarette, and JL could only smoke with her smoking apron on.

Despite these changes in JL’s care plan, she was left outside alone, with a lighter and multiple cigarettes without her smoking apron.  Predictably, due to her dementia, she lit a cigarette which caused her blouse to catch fire.  JL suffered significant burns over her chest, neck and head and sadly passed away two weeks later following excruciating pain and suffering.