Family Sues Nursing Home for Man Who Died by Setting Bed on Fire with Cigarette

A family is suing a nursing home in Gretna, Louisiana, for a man who died by setting a fire while smoking in bed.

According to the lawsuit, filed by Beatrice Addison on behalf of the estate of Marshall Miller, Miller died in a fire caused by smoking in bed because of Maison Deville Nursing Home’s lax policies for smoking.

Miller smoked without any supervision, despite being diagnosed with schizophrenia and considered unable to take care of himself.

The lawsuit names the nursing home as a defendant, in addition to its insurer. It alleges wrongful death, failing to properly monitor the deceased, failing to properly monitor the deceased’s smoking, failing to see what should have been seen, failing to use caution, failing to properly care for the decedent, failing to see what should have been seen, failing to treat the deceased in a manner consistent with nursing home practice, failing to provide adequate staffing, failing to provide adequate certified nursing aides, failing to properly administer the nursing home and failing to live up to proper fire safety standards.

The lawsuit seeks damages for deprivation of companionship, grief, mental anguish, distress and loss of nurture and guidance.