(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.)
Plaintiffs’ First Amended Complaint cures the defects the Court identified in the original complaint. The causes of action are specifically segregated as to the specific cause of action being alleged and the specific defendants against which each is being alleged.
The First Cause of Action is one alleging violation of the Elder Abuse statutes and is brought against defendant Universal only. As will be more specifically described below, it alleges reckless neglect in that Harry White, while under the care and custody of Universal, suffered a Stage IV pressure ulcer, bowel impaction, mechanical fall causing orthopedic injury, malnutrition and dehydration. It is alleged that the fact of Mr. White’s fall was not reported to his wife, who held medical power of attorney. Further, it is alleged that Mr. White was recklessly discharged home with the above conditions to be cared for by his wife, who was utterly incapable of caring for a patient with the aforementioned multiple severe conditions and that Mr.White’ condition was thereby worsened by that discharge, as defendants knew it would be.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
The Second Cause of Action is brought solely against defendants other than the moving parties.
The Third Cause of Action is one for violation of the Elder Abuse statutes against National and National VNA only. This cause of action is based on reckless neglect by the home health agency which was engaged to provide nursing services while Mr. White was at home. It is alleged the agency knew or should have known that Mr. White needed a higher level of care than could be provided by his wife and a single weekly visit by a home health nurse.
Rather than notifying his physician that the home placement was certain to deny Mr. White the treatment he needed, the defendant did nothing to ensure that Mr. White was transferred to a proper facility. As a result, Mr. White did not receive necessary treatment and all of his multiple conditions degenerated.
The Fourth Cause of Action is brought by Debra White against all of the demurring defendants for intentional infliction of emotional distress. The essence of the claim is that, by foisting on Mrs. White the burden of attempting to care for the multiple medical problems sustained by Harry White while under the care of defendants, defendants knew or should have known that Mrs. White would suffer severe emotional distress as a result. It was actually foreseeable, it is alleged, that Mrs. White would by physically and emotionally overwhelmed by the impossibility of the task given her by defendants and that that result did in fact ensue.
The Fifth Cause of Action is brought on the same facts as the Fourth Cause of Action, but alleges negligent infliction of emotional distress. (See Part 3 of 10.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.