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 and personal injury case and its proceedings.)
The Third Cause of Action Properly Sets Out A Claim For Reckless Neglect Of An Elder By National
The Third Cause of Action is brought against National VNA as a result of its neglect of Mr. White in accepting him for home care and perpetuating his inadequate care at home by doing nothing to intervene on his behalf. The allegations are these:
40. Due to the aforementioned neglect of defendants described hereinabove, Harry White was at his home from March 27, 2008 until April 4, 2008, and was steadily declining and suffering from inadequate care, despite the best efforts of his wife to care for him.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
41. During the approximately one week Harry White was at home, agents and employees of defendants National, National VNA and DOES 131 to 150 came to the home of Harry White and Debra White on one occasion and observed his critically compromised condition, including the Stage IV pressure ulcer, uncontrolled diarrhea and wasting state which he Was in. Said defendants knew or should have known that Harry White was unable to be cared for at home and required the care of a 24-hour care facility and knew that Debra White could not care for her husband’s needs. With this knowledge, said defendants had a duty to recommend and facilitate Harry White’ transfer to a proper care facility and notify his physicians of the inadequacy of his circumstances at home. Knowing that Harry White would continue to suffer deterioration of his condition if he remained in his home, said defendants made the conscious decision to allow him to remain at home, knowing that his care would be inadequate and substandard. In particular, defendants knew that Debra White could not properly change the dressings on the Stage IV ulcer as required because the area was constantly moist from the uncontrolled diarrhea.
They further knew that Mrs.White was not physically able to reposition Harry White every two hours around the clock, as required. They knew she had neither the training or ability to relieve a severe bowel impaction. They knew she would have difficulty encouraging him to eat because he had a bowel impaction. They knew that a single person, particularly of her age, could not alone provide the frequent diaper and linen changes necessary for Harry White’s well being without becoming fatigues and overwhelmed herself.
It is alleged that, as a result of the indifference to Mr. White’s needs, his condition deteriorated and he suffered unnecessarily both physically and emotionally.
The Third Cause of Action incorporates the allegations against managerial agents contained in, inter alia, Paras. 7 and 29, as part of the Third Cause of Action and charge the owners and managers of National VNA with authorization and ratification of the recklessly neglectful conduct of the employees of National. (See Part 8 of 10.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.