ATTORNEY NEWSLETTER
Verdict Against Large For-Profit Nursing Home Chain
Alleged Neglect Leads To Stage IV Pressure Wound
Pressure Wound Developed In Just Two Weeks
Physical and emotional abuse, neglect, and abandonment are all forms of elder abuse that nursing home and assisted care facility residents may suffer. 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.
If you or a loved one is a victim of nursing home neglect or abuse in San Francisco or elsewhere in California call us today at (415)441-8669. Our toll-free number is 1-888-50EVANS (888-503-8267).
Large Jury Verdict For Neglect
In a recently reported case,[1] a jury has handed down a $30.9 million verdict in an elder abuse 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 hat occurred as a way to increase profits.
“In just two weeks, Plum staff’s utter neglect of [the victim] ruined his life, left him in constant agony, and ultimately helped lead to his death,” plaintiff’s attorney said following the verdict.. “When nursing facilities understaff to drive profits, it costs people their lives, but [defendant] was more concerned with impressing investors than saving lives. “The total verdict in favor of plaintiffs was $5.9 million in compensatory damages plus $25 million in punitive damages. According to the complaint, the attorneys argued that in addition to being dangerously understaffed, staff nurses were never adequately supervised or trained.
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. Visit as frequently as you can to assess the level of care your loved one is receiving. 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 San Francisco 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).
[1] Evans Law Firm, Inc. was not involved in the reported case in any way.
