Personal Injury Lawyer Blog
It is worth noting that situations similar to those described in this wrongful death case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, UC Davis Medical Center, Mercy, or Sutter.
(Please also 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.)
As a result of clear and reckless indifference on the part of Dr. Wong, Mr. White was discharged home, did not receive the skilled care he needed and suffered multiple injuries and damage, including the progress of a large fecal impaction, explosive diarrhea, bloody stools, hypokalemia, volume depletion, weakness, cognitive deterioration, malnutrition, hypotension, and a persistent and progressive Stage IV pressure ulcer. These were the conditions from which he was found to be suffering when emergently readmitted to Universal from his home on April 4, 2008.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
Taking these allegations to be true, as the Court must on demurrer, it is difficult to imagine how defendant can seriously argue that such conduct is defensible or at worst an act of inadvertence or oversight, as he seems to do in his moving papers. The allegations of the Second Amended Complaint do not describe conduct that merely breaches some standard of care in the rendition of medical services.
That cause of action describes a conscious decision which carried with it known consequences which were clearly adverse to the safety, health and welfare of Mr. White. That is the very definition of recklessness under the Elder Abuse Act.
Defendant’s demurrer to the Second Cause of Action must be overruled. (See Part 6 of 8.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.