Personal Injury Lawyer Blog
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this elder abuse and personal injury case and its proceedings.)
Physicians and other health care providers, as well as hospitals, can be held liable under the Elder Abuse statutes. That was the holding in Mack v. Soung (2000) 80 Cal.App. 4th 966. Such persons have care and custody of an elder within the meaning of the Elder Abuse statutes when they undertake to care for an elder. The Court summed up its holding as follows:
“Delaney establishes that health care providers are not exempt from liability for reckless neglect simply because the cause of action arises from the rendition of health care services.”
Mack v. Soung, supra. at 974.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
The First Cause of Action of plaintiffs’ First Amended Complaint clearly set out facts, which, if proved, would entitle plaintiffs to compensation and statutory damages under the Elder Abuse statutes. It is brought against Universal Medical Center as operator of both an acute care hospital and the Merritt Rehabilitation unit. In summary, it is alleged that Harry White was a person protected by the Elder Abuse Statutes and that he was under the care and custody of the identified defendants. Paragraph 16 set out a pattern of aggravated neglect by defendants with regard to Mr. White’s skin integrity. It is alleged that Mr. White was known to be at great risk for skin breakdown because of a number of predisposing factors and that a proper pressure ulcer prevention plan was necessary for him. An essential element of such a program is regular repositioning. Proper nutrition and hydration are also important, it is alleged.
Paragraph 16 sets out clearly a repeated course of neglect in the provision of these pressure ulcer prevention interventions. It is alleged that within one week of admission, a Stage II pressure ulcer formed because of repeated failure to reposition the patient. It is alleged that neglect permitted it to progress to a Stage III and then a Stage IV with the records demonstrating that during a 17 day period, Mr. White was not repositioned as required 20% of the time.
Paragraph 16 alleges that the Director of Nursing and other managerial agents of Universal knew that the staff was not competent to and was not regularly providing proper pressure ulcer intervention since it was their duty to properly train staff members and to perform competency assessments and chart reviews of the employees working under their supervision. (See Part 5 of 10.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.