Elder Abuse

The elderly plaintiffs, husband and wife, were both residents of defendant’s RCFE. They claimed that the husband was a known wanderer and that while walking unattended to the bathroom, he fell, hitting his head on a night stand. He lost control of his bowels and allegedly lay there in his excrement for hours. When put back in bed, he was not cleaned, as confirmed by photos showing him in bed. The wife claimed she was not properly observed when she later fell and injured herself. Plaintiffs claimed violations of Federal and State regulations, insufficient and poorly trained staff, a manager/owner who was not licensed, physical neglect and abuse and other evidence of elder abuse. Plaintiffs claimed punitive damages.

Decedent was an elderly man who suffered from worsening Parkinson’s and dementia. Over time he came under the care of defendant hospice service who followed him in his first skilled nursing facility (defendant) and then his second skilled nursing facility (another defendant) where he died several days later. Post-mortem photos showed him to appear like a concentration camp victim from extensive weight loss. He also had huge bed sores on his low back, legs, hands, and feet. Plaintiffs were decedent’s children who claimed numerous violations of Federal and State laws and regulations, including understaffing, improperly trained staff, negligent care amounting to elder abuse, failure to notify family and physicians of significant changes, improper nutrition, failure to properly turn the patient, and other evidence of abuse and neglect resulting in pain and suffering for the resident and ultimate death.

Elderly patient, known to be non-compliant, got out of his hospital bed unattended and fell, hitting his head and causing his death. Claimants are the heirs who allege elder abuse and neglect and multiple violations of Federal and State codes and regulations, based on understaffing and poorly trained healthcare personnel as part of a plan to put “profits over people”.

Plaintiff was a resident of Defendant RCFE. He was semi-paralyzed from a prior stroke 2 years earlier and required turning every 2 hours. Defendant’s personnel allegedly were reckless and negligent in turning the Plaintiff resulting in multiple Stage lll – lV sacral ulcers and untreated UTI which compromised Plaintiff’s immune system leading to other problems. Three prior elder abuse lawsuits had been brought by this Plaintiff through his daughter. Defendant denied fraud allegations, recklessness, and ratification by managing agents.

Decedent, an elder adult with numerous co-morbidities including dementia, diabetes mellitus, neuropathy lumbar spondylosis with myelopathy, bladder incontinence, CHF, A-fib and past CVA was a known high fall risk when he was placed in Defendant assisted living facility under the care of Co-Defendant physician. Decedent’s daughter alleged that Decedent needed almost constant supervision and assistance in virtually all ADL’s. She further claimed that he needed a lowered special bed, bed rails, a bed alarm and other fall preventing measures. The resident was found on the floor with a head injury and was taken to a hospital where he succumbed to his subdural hematoma several days later.

Plaintiff claimed Elder Abuse and multiple violations of Health and Safety Code 1430(b) against Defendant skilled nursing facility. She was admitted from a hospital for rehab of a hip fracture sustained at home. A left hip hemiarthroplasty was performed. She had numerous co-morbidities including early dementia, diabetes, and chronic kidney disease. Allegedly Defendants denied needed goods and services, including physician ordered hip abductor pillow and properly performed physical therapy. Plaintiff also claimed improper physical therapy caused dislocation of the hip requiring closed reduction. The injuries, including two more dislocations occurred because of inadequate and undertrained staffing. Defendant’s conduct allegedly was reckless and was done knowing harm would likely occur. There were two Statements of Deficiencies issued by DPH for Defendants care of Plaintiff and there were alleged violations of the Patient’ Bill of Rights. Punitive damages were also claimed.

Plaintiff, the daughter of Decedent, a 77 year old woman alleged that the mother’s SNF committed elder abuse by recklessly and intentionally depriving the patient of adequate medical care. This lead to loss of mobility, malnutrition, dehydration, infection, and formation of multiple Stage IV decubitus ulcers. The infection caused Decedent’s death. This conduct allegedly violated state and Federal laws and regulations and was ratified by management.

The 85 year old plaintiff was admitted to defendant RCFE with a history of chronic confusion, dementia and Alzheimer’s allegedly requiring close supervision for her own protection and safety. She had a history of wandering. Despite this history, defendants allegedly committed elder abuse by allowing her to wander out of the facility where she fell fracturing her hip. After hip replacement surgery, she was returned to the facility where she fell twice more, fracturing numerous bones in her face.

The decedent was admitted to the defendant skilled nursing facility for needed assistance for hygiene, all activities, and protection of decedent’s airway. Plaintiffs alleged elder abuse for reckless and intentional substandard care that failed to comply with Federal and State regulations and laws. Defendants failed to provide adequate and properly trained staff who failed to properly monitor the patient resulting in respiratory distress, hypoxia, cardiac arrest, anoxic brain injury and death.

Plaintiff, an elder, was admitted to defendant SNF for dementia, neuropathy, lack of coordination, cognitive impairment, psychiatric conditions, and a history of alcohol abuse. He also exhibited aggressive behavior. During his stay, he had multiple bouts of scabies and was found to have a 10 by 9 cm. leg wound when taken to an acute care hospital after being found unconscious in his wheelchair. The wound was found to have infected and necrotic tissue. Allegedly these conditions were never divulged by the facility to the family. Plaintiff claimed that the patient’s clothes and bed linens were not being changed often enough, that he was left for days without addressing his conditions, and that the leg wound was not being treated. All of this allegedly amounted to elder abuse.

Decedent was admitted to defendant SNF with multiple co-morbidities including severe dementia diabetes, seizure disorder, history of CVA leading to his being non-verbal and non-ambulatory, and hemiparesis. Over the next 17 months, he was in and out of the SNF and acute care hospitals. The SNF’s records were allegedly fraudulent, in that when he was seen in the hospitals, he was found to have multiple decubiti on his heels, and on his sacral area (Stage IV). The patient’s family claimed that over time, the wounds became infected because of a denial of care and elder abuse leading to the patient’s demise. Claimed abuse caused decubiti, dehydration, and malnutrition, much of which was allegedly covered up by the SNF.

The elderly plaintiffs, husband and wife, were both residents of defendant’s Residential Care Facility for the Elderly (RCFE). They claimed that the husband was a known wanderer and that while walking unattended to the bathroom, he fell and hit his head on a night stand. He lost control of his bowels and allegedly lay there in his excrement for hours. When he was put back in bed, he was not cleaned, as confirmed by photos showing him in bed. The wife claimed she was not properly observed when she later fell and injured herself. Plaintiffs claimed violations of Federal and State regulations, insufficient and poorly trained staff, a manager/owner who was not licensed, physical neglect and abuse and other evidence of elder abuse. Plaintiffs claimed punitive damages.

Decedent was an elderly man who suffered from worsening Parkinson’s disease and dementia. Over time he came under the care of defendant hospice service who followed him in his first skilled nursing facility and then his second skilled nursing facility where he died several days later. Post-mortem photos showed that he had undergone extensive weight loss. He also had huge bed sores on his lower back, legs, hands, and feet. Plaintiffs were decedent’s children who claimed numerous violations of Federal and State laws and regulations, including understaffing, improperly trained staff, negligent care amounting to elder abuse, failure to notify family and physicians of significant changes, improper nutrition, failure to properly turn the patient, and other evidence of abuse and neglect resulting in pain and suffering for the resident and ultimate death.