Personal Injury Lawyer Blog
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this elder abuse/personal injury case and its proceedings.)
It is worth noting that situations similar to those described in this case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser, U.C. Davis Medical Center, Mercy, or Sutter.
The repeated failure of the staff to follow well-known protocols for the prevention of pressure ulcers and other conditions to which Katy was susceptible is a gross departure from any standard of care and is evidence of a reckless disregard of health and safety of patients by the managing agents, officers, owners and operators of defendants.
Further allegations of reckless institutional neglect are set out in the complaint, wherein it is alleged that managing agents of Nationwide Hospital, including the Administrator and Director of Nursing, consistently failed to properly train the nursing staff, repeatedly failed to engage in chart review to assure that proper care planning and treatment was occurring, repeatedly failed to assess the competency of the nursing staff and knowing of the neglect of Ms. Smith, took no remedial action.
The complaint further sets out duties which Nationwide Hospital was required to carry out but failed to do so with references to State and Federal regulations. The breaches of duty all relate to the failure to properly initiate a care plan and carry out a care plan to protect Katy Smith from compromise to her health and safety, i.e. the development of pressure ulcers.
The complaint contains allegations that such conduct is reckless, malicious, oppressive and fraudulent, entitling plaintiff to enhanced remedies under the Elder Abuse Statutes and punitive damages. The prayer of the pleading further seeks treble damages pursuant to Civil Code §3345 and attorneys fees pursuant to Code of Civil Procedure §1021.5, Health & Safety Code §14301(b) and Welfare & Institutions Code § 15657(a). (See Part 4 of 6.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.