The case is Elizabeth Costlow vs. Subacute Services Inc, SAS Rockmart Inc., d/b/a Rockmart Nursing and Rehabilitation Center, administrator Karen Forrister and the facility’s director of nursing Kim McMichael.
Costlow’s mother, Ruby Mae Tyler, 82, was admitted to Rockmart Nursing and Rehabilitation Center Dec. 21, 2007.
The allegation is that Tyler’s three-month stay resulted in infected pressure ulcers that resulted in a leg amputation, escalated fever, and numerous other infections resulting in her death April 6, 2008.
Costlow wants to be reimbursed for all expenses relating to her mother’s medical expenses and funeral totaling more than $121,000 plus any punitive damages from pain and suffering.
The nursing home’s defense attorneys presented their key witness, Dr. Aimee Garcia, a Texas physician who specializes in wound care, in Friday’s round of testimony.
Garcia reviewed Tyler’s medical records and treatment plans dating back to the beginning of her stay at another facility in Rome.
Her conclusion was there were a number of medical factors leading to pressure sores on Tyler, including periodic nutrition problems.
“As they were able to get her nutrition up, she would heal and this happened throughout her stay,” Garcia said.
Records from the prior facility indicated Tyler was a high risk for amputation, she said.
Garcia also testified regarding pictures of Tyler’s wounds. She said pictures show wounds healing, indicating Tyler was getting proper treatment at Rockmart Nursing and Rehabilitation Center.
Costlow’s attorney asked Garcia in cross-examination about proper documentation of providing care and assessment.
Attorney’s for the plaintiff are claiming there are as many as 63 errors, which they claim constitute fraud, found in Tyler’s treatment records from Rockmart Nursing and Rehabilitation Center.
Garcia said documentation problems are not uncommon in her field.
She told the nursing home attorney she can make a judgment on Tyler’s care at the Rockmart long-term care facility in spite of shortcomings in record keeping.
“Basically, what you look at is the entire picture,” Garcia said. There are things I can pull out from other parts of the record.”
Garcia said it was her estimation the facility was providing proper standard care for Tyler.
The trial is expected to continue next week.






This lady had already sued another Nursing home in another county. And you need to work in a Nursing home to know actual facts and not your friends hear say comments.
The people that work in a Nursing home do not get rich by no means, and MOST do it because they love it.
It is not a perfect world like the one you seem to live in, I dont know what Nursing home knows when the state is going to walk in the door, but I sure would like to work in one like that, but sadly that is not the case, there is a window of months that the state can walk in at any time.
If you think deficiency free is easily given to a Nursing home you are WRONG!!!
So I am happy you want her to win more money, you evidently can afford for your co-pays and medical bills to increase a little more every time someone sues healthcare.
Iam glad the jurors saw that the lawyer was after $$$$$$$ after all he ended his closing statement with how much they would receive!!!
No one blames the lady for not loving her mother, but c`mon her SECOND lawsuit??
she is dying anyway so I will place her in another home and sue them for more money and when she is gone I will be set.Wouldn't you think she would have took her mother home and cared for her herself spend the money she got from the facility she previously sued to make sure her mom live to the end of her day under the love and care she could have given her.
If in three months she thought her mother wasn`t getting the care she should....Why didn`t she take her out???
Money hungery no respect for nothing or nobody but the all mighty dollar..
well I hope she can live with the fact that she killed her own mother by chasing that DOLLAR!!!
AND REMEMBER WHAT GOES AROUND WILL COME BACK AROUND!!!
This is a great home that has loving and caring people. I know this because I worked there for 15 years.
I also know this because of the history of deficiency free surveys received from the state for multiple years.
To the staff @ RNRC you have a great team and do a great job!!!!
I wont bash this case because I don’t know the specifics but it seems as if the almighty dollar is what’s controlling it. The facts have been given and it has been brought public and will do more harm than good just by being just that. Seriously, someone think millions of dollars is going to help this matter. No it wont. Sure millions of dollars would be nice for anyone but to get it ill-gotten is a shame much less a crime. I don’t think lawyers and judges look into the fact that these things happen over time in this case and no one made a mention of it until it was all said and done. Again, the almighty dollar is controlling it. I don’t know how one would sleep at night knowing they are ripping someone off like this over someone they so dearly claimed to have loved and cared for. No amount of money can bring a loved one back. When it is your time … it is just that … your time. As someone said below, nurses and doctors aren’t Gods … just helpers with a big heart and do nothing but help people. From reading this it sounds like this wasn’t something that happened overnight … this accusation seemed to be an ongoing thing over time so I think that the negligence wasn’t only on the nursing home part but on the family’s part for not noticing something wasn’t right from the start if what they say happened really happened the way they say it did. Something just smells fishy to me … Lawyers can certainly turn things around to make one look guilty when they aren’t … just saying! The lady says in the article she didn’t know enough about healthcare to know something was wrong … you seem to know a lot about a lawyer to sue … AGAIN … just saying!
What I want to know is this.......If in three months she thought her mother wasn`t getting the care she should....Why didn`t she take her out??? I read this over and over in these cases , but for some reason the family doesn`t care/worry enough to take them home or wherever, but they are ohhhhhhh so concerned at the end when they smell a dollar!
Just seems strange to me, you want to go by a documentation error, but in reality how many times did you go visit your mom, talk with anyone about her wound, her disease process....
I think our judges and our people need to take a long deep look into How much did the family come in to see about their loved one too...How much do the healthcare people and the community have to pay out of their pocket to a family that left their mom for three months in a place they now say is no good? That should be the question... if you the family really truly feel they are not being cared for...why not remove them from that facility? Don`t wait until they pass away then say hmmmmmmmmm Maybe I can sue someone!!!
Because that tells me you really didn`t care about her, but about the almighty dollar!!
And the article doesn`t say who paid the bill....was her mother private pay...or was she medicaid and the people have paid her bill one time?
I have family there at RNRC and they are a good home, good to their patients and the patients love them. People that work in healthcare are just that PEOPLE not Gods or magic makers and can not always control the wrath of the aging, nor a disease process.....
Wake up people