ATTORNEY NEWSLETTER
Victim’s Family Sues Nursing Home
Allegedly Developed Septic Shock
Family Cites Unsanitary Conditions
Evans Law Firm, Inc. represents elderly victims and families in cases of nursing home abuse and neglect and pursues all those responsible for the abuse including any owners or administrators and supervisory persons in charge of any caregiver who abuses or neglects patients. Injuries from intentional physical abuse or negligence, neglect and abandonment or assault or sexual assault or rape, are all crimes and are all actionable forms of civil lawsuits for elder abuse. 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 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). If you have a loved one who has suffered injury due to neglect, abandonment or abuse in a nursing home or care facility here in San Francisco or elsewhere in California, call Evans Law Firm, Inc. at 415-441-8669, and we can help. Our toll-free number is 1-888-50EVANS (888-503-8267).
Family Sues After Death Of Facility Resident[1]
The wife and children of a resident of a nursing home here in California have sued the home claiming that their beloved husband and father died after eating a contaminated sandwich served him by the home. The family claims that the man developed sepsis and septic shock after eating the sandwich and went into seizures. The family claims the home did not call paramedics to his aid. The victim’s daughter arrived soon after the seizures began and witnessed “her father vomiting and experiencing severe seizures with bodily convulsions” as nurses argued with one another about how to position him, according to the complaint. One nurse attempted to administer CPR and the man went into cardiac arrest according to the lawsuit. Paramedics finally were called and arrived and the man was revived at the hospital but suffered brain damage and was put on life support. He died a month later with the bacteria E. coli in his lungs according to the complaint. The lawsuit alleges elder abuse and medical negligence,
Remedies For Victims And Families
The facts in the reported case are particularly horrific but nursing home patients can also suffer from gradual negligent or substandard care over a period of time. A neglected bedridden patient may develop bedsores/pressure wounds which can be fatal or develop sepsis or other infections or suffer from dehydration or malnutrition. Dementia patients who tend to wander (called elopement) may suffer injury if not monitored. Any staff member or supervisor (like the director in the reported case) who sees or learns of abuse or neglect is required to report it. Cal. Welf. & Inst. Code § 15630.[2] Whether the injuries are the result of intentional abuse as in the reported case or negligence, we believe owners, administrators, and individual staff members should be held accountable for any neglect or abuse that results in injury. Damages include:
- Economic damages where an actual cost has been absorbed such as medical expenses, loss of income, and specialist fees.
- An award of attorneys’ fees and costs in litigating the case. Welf. & Inst. Code § 15657.5.
- Non-economic damages such as emotional trauma, pain, suffering, and loss of a loved one.
- Punitive damages that are awarded as punishment against the defendant and also meant to deter other nursing homes and staff from committing similar neglect or abuse.
Contact Us
If you or a loved one been the victim of nursing home abuse in San Francisco or elsewhere in California, contact Ingrid M. Evans at Evans Law Firm 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.
[1] Evans Law Firm, Inc. was not involved in the story in any way.
[2] Section 15630 reads: “Any person who has assumed full or intermittent responsibility for care or custody of an elder or dependent adult, whether or not that person receives compensation, including administrators, supervisors, and any licensed staff of a public or private facility that provides care or services for elder or dependent adults, or any elder or dependent adult care custodian, health practitioner, or employee of a county adult protective services agency or local law enforcement agency is a mandated reporter.”
