ATTORNEY NEWSLETTER
Jury Verdict Against For-Profit Nursing Home
Patient Developed Stage IV Pressure Wound
Alleged Understaffing To Blame
We write frequently about the risk of abuse of older persons by in-home caregivers and other strangers who enter older people’s homes. But nursing home and assisted care facility residents are also at risk of physical and emotional abuse, neglect, and abandonment. See Cal. Welf. & Inst. Code §§ 15610.05 (definition of abandonment); 15610.63 (definition of physical elder abuse), and 15610.57 (definition of neglect). Victims and families of nursing home and assisted care facility residents who suffer from any form of abuse, neglect or abandonment may sue all those responsible for injuries sustained. Recourse can include award of attorneys’ fees and costs in certain circumstances. Cal. Welf. & Inst. Code § 15657(a). Often, for the elderly neglect can be fatal as described below from a recently reported case. “Neglect,” under California law, includes:
(1) Failure to assist in personal hygiene, or in the provision of food, clothing, or shelter.
(2) Failure to provide medical care for physical and mental health needs. A person shall not be deemed neglected or abused for the sole reason that the person voluntarily relies on treatment by spiritual means through prayer alone in lieu of medical treatment.
(3) Failure to protect from health and safety hazards.
(4) Failure to prevent malnutrition or dehydration.
Late last year, a jury returned a large verdict against a nursing home for neglect of a patient which his family claimed lead to the victim’s premature death. The case is discussed. While Evans Law Firm was not involved in the case, the verdict illustrates that aggrieved families may be able to hold nursing homes accountable for patient neglect. If you or a loved one is a victim of nursing home neglect or abuse in Los Gatos or elsewhere in California call us today at (415)441-8669. Our toll-free number is 1-888-50EVANS (888-503-8267).
Jury Verdict For Neglect
In the case mentioned above, a jury handed down a $30.9 million verdict after an elder abuse/neglect trial against a national healthcare provider/skilled nursing facility operator where the nursing facility giant was accused of being consumed with a “profit-at-all-costs” attitude, even while doing great harm to seniors in its care, according to plaintiff’s counsel. The elder victim in the case was a retired professor, military veteran, civil rights activist and devoted husband and father of eight according to court records. The victim came to stay at one of defendant’s care facilities in 2017 for just two weeks. However, in that short time, he allegedly developed two unstageable heel pressure sores, one of which was discovered to be “to-the-bone” Stage IV pressure sore that he had to live with until he died the following Spring. According to the complaint, the main reason for the victim’s extremely poor treatment was understaffing at the facility had occurred as a way to increase profits.
Preventing Abuse And Neglect Of Nursing Home Residents
Always check the license status of any care facility before admitting a loved one to it. You can check any skilled nursing facility’s license here: https://www.ccld.dss.ca.gov/carefacilitysearch/. Once your loved one is admitted to a licensed facility, visit often and look for any signs of neglect or abuse such as bruises, pressure wounds/bed sores, scratch marks, weight loss, or behavioral changes that might suggest they are being abused, neglect, or overmedicated. Monitor all financial accounts of the older person and pay special attention to where their monthly Social Security or pension benefits are being deposited. Never ever allow the senior to give a caregiver or nursing home staff member a Power of Attorney. If you suspect abuse, call elder law counsel to help you pursue all available remedies against anyone responsible for abuse, including an award of attorneys’ fees and costs for bringing your suit under Cal. Welf. & Inst. Code § 15657.5.
Contact Us
If you or someone you love is the victim of any neglect or abuse in care facility in Los Gatos or elsewhere in California, call Ingrid M. Evans at Evans Law Firm, Inc. at (415) 441-8669, or by email at <a href=”mailto:info@evanslaw.com”>info@evanslaw.com</a>. Our toll-free number is 1-888-50EVANS (888-503-8267).
