Lena Megens, 92, hit her head after falling from a chair at Weary Dunlop Retirement Village in Wheelers Hill in April last year.
She suffered catastrophic brain injuries in the fall.
The dementia patient’s husband of 67 years, John Megens told 9News the death “should have never happened”.
He and grandson Adam have filed documents with Victoria’s County Court, alleging Ryman Healthcare, operator of Weary Dunlop, failed to provide adequate supervision.
“She was in high care to prevent her having falls,” said Nick Mann from Polaris Lawyers, who is acting for the family.
Ryman told 9News Mrs Megens was under supervision and a carer was in the room with her but was unable to prevent her from falling.
Staff only called an ambulance several hours after the incident, when Mrs Megens started vomiting and passed out.
However, Ryman insists the elderly woman received appropriate medical care and attention in the immediate aftermath.
An ambulance was called several hours after, when the elderly woman started vomiting and passed out.
She died four days later on April 15 at Monash Medical Centre.
Mr Megens, who lives in a self-contained area in the same village, has claimed Weary Dunlop isn’t properly staffed.
“They’re short of staff, that’s all it is,” he said.
Ryman rejects those allegations.
It said there were 10 residents in the unit on the day of the accident, with three personal carers, a registered nurse, and a unit coordinator.
“Weary Dunlop provides more than 230 minutes of care per resident per day, far exceeding the government-mandated requirement of 200 minutes,” Ryman Healthcare CEO Cameron Holland told 9News.
Due to Mr Megen’s terminal illness, the family is considering asking the County Court for an expedited hearing to have the matter heard in his lifetime.
“I would like to see the outcome of what they’re going to say,” he said.