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.)
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.
Each of the required elements of proof to support a claim for reckless neglect of an elder is set out in the First Amended Complaint and is supported by specifically alleged facts. Those allegations together may be summarized as follows. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
Aaron Talbot, an elder and dependent adult within the meaning of the Elder Abuse Statutes (W&I Code §15600 et seq.), was admitted to JFK on September 25, 2007. He was diagnosed with a cervical spine fracture. Mr. Black had pre-existing paraplegia. For this reason and because he had a neck fracture, he was at high risk for the development of pressure ulcers.
Pressure ulcers are preventable in an acute care hospital. Nursing care plans are customarily developed which assess a patient’s risk for skin breakdown and develop a care plan to prevent it. The typical interventions are regular turning and repositioning, good hydration and nutrition, a pressure relieving mattress and frequent assessment. (See Part 6 of 6.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.