(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this elder abuse/personal injury case and its proceedings.)
The allegations in the complaint are sufficient to withstand defendant’s demurrer. Allen alleges that he is a dependent adult under the EADACPA. He alleges conduct that constitutes Neglect under Cal. Welf. & Inst. Code §15610.57 by stating the following:
(1) While an inpatient at defendant’s medical facility known as University Hospital, plaintiff developed severe stages three and four decubitus ulcers on his body, which was known but concealed, or in the exercise of reasonable care, should have been [known] by defendant and its employees. As a result of the decubitus ulcers, plaintiff suffered injuries which contributed to his existing physical injuries, and caused delays in his physical therapy. The injuries that were the result of the development of the decubitus ulcers were legally caused by the acts and/or omissions of defendants. The defendants, knowing of the injury and the likelihood that an injury would occur if they failed to act, deliberately failed and/or refused to provide timely assessment and treatment of plaintiff’s injuries. Defendants also failed and/or refused to investigate and/or document the circumstances and cause of the injuries suffered by plaintiff;
(2) While plaintiff was an inpatient at University Hospital, defendant, and its employees abandoned plaintiff for an extended period of time without nursing or other appropriate attention, despite his weakened condition and complete dependence upon such personnel;
(3) Defendants, and each of them, intentionally acted to cover up the existence and cause of plaintiff’s injuries and circumstances as described above, by failing and/or refusing to invest gate and/or appropriately document such occurrences by failing or refusing to notify family members, or appropriate law enforcement or regulatory personnel of such occurrences;
(4) Defendant and its employees at University Hospital also refused to Provide medical care for physical needs in that Defendant’s nursing staff would not give plaintiff his prescribed medications on certain occasions.
Allen also alleges that he was the victim of physical abuse as defined in Cal. Welf & Inst. Code §15610.63(b) by stating that During the time that plaintiff was a resident at University, plaintiff was physically assaulted by defendant Paul White, who, during one evening, grabbed plaintiff, slammed him to his bed, and punched him multiple times while verbally taunting plaintiff. Allen has alleged sufficient facts to state a claim for abuse under the EADACPA. However, if the court finds that Allen has not alleged sufficient facts, he requests lea e to amend the complaint.
(See Part 4 of 7.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.