Neglect By Nurses And Staff Result In Actionable Elder Abuse

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this medical negligence case and its proceedings.)

It is also 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, U.C. Davis Medical Center, Mercy, Sutter, or any skilled nursing facility.

(2) Defendants’ Nurses Notes were charted inaccurately or the nurse completely failed to perform any charting whatsoever (both serious breaches of the applicable regulations since the absence of any charting is absolute and unequivocal evidence of neglect) (FAC, para. 29);

(3) Defendants’ failed to order a speech therapist or speech language pathologist evaluation (an intentional violation of the regulations) for Abbey on or about April 8, 2008, when they knew that she was not swallowing and had lost considerable weight (inability to swallow and substantial weight loss are both changes of condition, both of which required notification to Abbey’s family and physician so that these issues could be addressed) (FAC, para. 31); also, a nursing facility must ensure that a resident receives prescribed therapies, including physical therapy, occupational therapy, and speech therapy. 42 CFR § 483.45; For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

(4) Abbey’s inability to swallow and/or her delayed swallowing should have been critically important warning signs of dehydration, which Defendants recklessly ignored causing her swallowing problems to worsen (FAC, para. 32);

(5) Without consulting with her doctor (a breach of the applicable regulations), Defendants’ changed Abbey to a pureed diet, but such a diet obviously had no effect on her dehydration and malnutrition because she was not able to swallow in the first place (and, therefore, this amounted to a conscious disregard of Abbey’s safety) (FAC, para. 32);
(6) Defendants recklessly waited far too long to contact Abbey’s physician, and the failure contact Abbey’s physician on or about April 8, 2008 amounted to a conscious disregard of her health and safety and such neglect was reckless (FAC, para. 35);

(7) On April 12 and 13, 2008, there were a number of factual inconsistencies that clearly demonstrates blatant mis-charting by Defendants in an attempt to cover-up and conceal their reckless neglect of Abbey, which mis-charting is a serious violation of numerous state and federal regulations and is further evidence of Defendants’ reckless neglect (FAC, paras. 36 – 37); (See Part 8 of 12.)

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.