The Terry Law Firm represents the family of Clarence Brickley in a wrongful death lawsuit seeking justice after resident dies of hip fracture and UTI.

Allegations of the Lawsuit

Clarence Brickley was admitted to Fulton Nursing & Rehab on April 2, 2024, with a known risk for falls. Despite this, the day after admission he experienced a witnessed fall after standing and falling backward. On April 5, he was found on the floor of his room, luckily, he was uninjured. At that time, his bed was reported to be the lowest position with a floor mattress placed beside it.

Ove the next 30 days, Clarence suffers four additional falls. Thankfully, (and luckily) he is not seriously injured in any of these falls. However, each time the staff note that he is unsteady, needs close monitoring, and at greater risk of falls due to confusion, yet, they do not take affirmative measures to prevent him from falling. Then, the predictable happens on June 2.

On June 2, Clarence suffered yet another unwitnessed fall in his room. There was no floor mat next to his bed and his bed was not in the lowest position. But this time, their luck had run out. Clarence was found lying on the floor with a laceration to the mid-scalp that was bleeding heavily, while holding his left leg/hip. He was taken to a local hospital where he complains of 10/10 pain in his left hip. Examinations revealed a left femur fracture. The femur is the strongest bone in the body and requires significant force to break. While at the hospital, Clarence required surgery to fix his broken femur.

Clarence died on June 17 as a direct result of the left hip fracture he suffered on June 2.

This lawsuit alleges that Fulton Nursing & Rehab failed to adequately assess, monitor, treat, and respond to Mr. Brickley’s medical condition and care needs. As a result of this negligence, Mr. Brickley endured significant suffering, ultimately leading to his death.

You can read the full petition here:

Medicare evaluates nursing home facilities based on three key areas: health inspections, staffing levels, and quality measures and then assigns a “star rating” based on a 5-Star system. A 1-Star rating is defined by Medicare as a “Much Below Average” facility and it is the worst rating a facility can get. A 5-Star rating is defined by Medicare as a “Much Above Average” facility and it is the best rating a facility can get.

Fulton Nursing & Rehab’s current overall rating is 1 out of 5-star ranking ‘Much Below Average’. As of May 29, 2025—the date this blog was written—the facility has also received an abuse citation, as indicated by the red hand symbol on its Medicare profile.

The Terry Law Firm stands with the Brickley family in their pursuit of justice against Fulton Nursing & Rehab. This facility had a duty to provide Clarence with a safe and properly supervised environment—one that met his medical needs and protected him from preventable harm. We are committed to holding those responsible accountable and seeking answers for the family whose trust was violated and whose loved one suffered unnecessarily.