Personal Injury Lawyer Blog
It is worth noting that situations similar to those described in this medical malpractice case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, U.C. Davis Medical Center, Mercy, Sutter, or any skilled nursing facility.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this elder abuse case and its proceedings.)
FACTUAL ALLEGATIONS OF THE FIRST AMENDED COMPLAINT
The First Cause of Action details the facts which would support a verdict for reckless neglect of an elder on the part of JFK.
It is alleged that Aaron was a patient under the care of JFK from September 25, 2007 through October 4, 2007, with a diagnosis of neck fracture. It is further alleged that Mr. Black suffered from pre-existing paraplegia and, while at JFK, he was plainly dependent upon JFK for virtually all activities of daily living. Paragraph 14 goes on to allege that because of Mr. Black’s condition, JFK knew that he was at high risk for the development of pressure ulcers and that, if they were allowed to develop, they would be difficult to treat because of Mr. Black’s bed-bound status and that there was a significant risk of serious consequences from their progression. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
The First Amended Complaint with specificity alleges that the nurses at JFK knew or were obligated to know thatMr. Black was required to be repositioned at a minimal interval of every two hours in order for a proper ulcer-prevention care plan to be carried out.
Rather than turning and repositioning Aaron every two hours consistently throughout his admission, multiple members of the nursing staff did not turn his at such intervals and did not turn or reposition for periods of 3 hours, 4 hours and 7 hours at various times during him stay. As a result of said repeated neglect, Aaron developed pressure ulcers.
Paragraph 16 alleges that Aaron Blackt was a patient at JFK by virtue of his qualification as a Medicare patient and that, according to Medicare regulations, the development of pressure ulcers in a patient in an acute care hospital is a preventable event. (The regulation referred to is set forth in Section III B below).
Paragraph 17 properly and specifically alleges reckless neglect on the part of managing agents and officers of JFK. It clearly asserts that the pattern of neglect was systemic and carried out by multiple JFK employees over multiple days. (See Part 3 of 6.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.