It is worth noting that situations similar to those described in this elder abuse case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, UC Davis Medical Center, Mercy, Methodist, or Sutter.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this wrongful death case and its proceedings.)
Sixth Cause of Action for Fraud
National promised and represented to XYZ, Novacare and others that its facility was “organized, staffed, and operated in a manner which routinely met the individualized care needs of residents,” particularly including resident patients referred by discharge planners at XYZ Community Hospital. The promise (and representation) was in a so-called “Provider Agreement” between XYZ and Novacare and National.
National also made promises in writing in the form of an annually application for renewal of the license issued by the state to National, that it would comply with all relevant state laws, especially those pertaining to patient safety and quality of care. Promises were also made in plans of correction formulated on a HCFA 2567 form. Each promise was authorized and ratified by each defendant.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
Promises were false, and known to be false.
Reliance was intended
Reliance by Novacare and XYZ is alleged.
Reliance by the state of California is alleged.
Decedent was in a foreseeable class of victims at the time of the aforesaid promises. And the injuries she sustained were within a class of injuries which was also foreseeable.
Causation and damages are alleged.
Eighth Cause of Action for Wrongful Death
All charging allegations from each prior cause of action – including negligence and intentional torts – are incorporated.
Causation and death are alleged.
Damages are alleged. (See Part 6 of 9.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.