ELDER ABUSE

 • 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.