ATTORNEY NEWSLETTER
Two Residents Dead From Alleged Poisoning
Served Dishwashing Liquid Instead Of Juice
Family Of One Deceased Victim Suing Facility
Dementia sufferers are extremely vulnerable to abuse and neglect because they may not even be aware of what is happening to them or able to communicate about it even if they are. Dementia patients are often powerless to defend themselves against intentional abuse of any kind but may also be powerless to protect themselves against negligence. Families of dementia patients need to be vigilant in monitoring the care their loved ones receive and in making sure any facility in which their loved ones reside is qualified to take care of them and adequately staffed. Negligent care, physical abuse and neglect of a dependent person are all grounds for civil liability. Cal. Welf. & Inst. Code §§ 15610.57 (definition of neglect), and 15610.63 (definition of physical abuse). “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).
Recent Assisted Living Facility Deaths[1]
In a recently reported tragic incident, a 93-year-old woman and a 94-year old man residing at an assisted living facility recently died after “ingesting toxic chemicals.” A third resident was hospitalized for the same reason. Employees at the facility allegedly served the three residents dishwashing liquid instead of juice. The staff members involved in the poisoning have been suspended, according to reports. The family of one of the deceased residents has now sued the facility. The lawsuit alleges that workers waited more than 30 minutes before calling 911 and that the chemical “essentially melted the lining” of her digestive tract. It names the facility and its Delaware-based corporate owners as defendants. In a recent statement, the facility said a staff member, in violation of its procedures, “filled a pitcher with liquid dishwashing detergent that has a nearly identical consistency and color to cranberry juice, with the intention of dispensing the liquid into a commercial dishwashing machine. Another staff member picked it up, mistaking it for juice, and served it to three residents.”
Evans Law Firm Represents Victims of Elder and Dependent Adult Abuse
The reported story is a tragic and sudden incident. Often, however, injuries occur over time as a result of neglect or negligent treatment of nursing home and assisted living facility patients with dementia, as for example, with bed sores/pressure ulcers, infections, or weight loss and dehydration. Unsupervised dementia sufferers may also wander off from a facility (a phenomenon known as “elopement”) and be injured in traffic or from exposure to the elements. Always make sure the facility in which your loved one resides is qualified to care for them and visit as often as you can to monitor the quality of care they are receiving. If you have any suspicions whatsoever that your loved one is suffering any kind of abuse or neglect, or that the standard of care is poor, call us. Always act on your instincts. We will pursue any individual responsibility for the abuse as well as their supervising employers, agencies, and owners of the facility in which your loved one resides. Relief includes damages for pain and suffering, punitive damages where available and an award of the attorneys’ fees and expenses you’ve incurred in bringing your case under Cal. Welf. & Inst. Code § 15657.
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.is not involved in the reported case in any way.
