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.)
Paragraph 17 in detail sets out a similar pattern of medical neglect with respect to Mr. White’s bowel status. It is alleged that Mr. White was at risk for impairment of bowel function because of age, poor nutrition, bed bound status and medication effects. Mr. White was not documented as having a bowel movement for 13 consecutive days while under the care of defendants. It is alleged that no report was made to Mr. White’s physicians as to this circumstance. Paragraph 17 asserts that as a result of this prolonged neglect by multiple Universal staff members, Mr.White developed constipation leading to bowel impaction. The bowel impaction, it is alleged, negatively affected Mr. White’s appetite, thus contributing to malnutrition and skin breakdown.
Paragraph 17 clearly charges that Mr. White was wrongfully discharged by Universal on March 27, 2008 with a worsening bowel impaction due to the institutional indifference of defendants. Again it is alleged that the Director of Nursing and other managerial agents of Universal knew of the lack of competence and attention in this regard by staff members since they were charged with assessing that the staff was properly trained, assessed, and supervised. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
Paragraph 18 of the First Cause of Action sets out clear allegations of actionable neglect against Universal in connection with the failure to protect Mr. White from mechanical falls. Again it is alleged that Mr. White was known to be a high fall risk, primarily because he had undergone, during his hospitalization, orthopedic surgery.
As set forth in paragraph 18, Mr. White was not provided with a proper fall risk prevention plan, and, as a result, sustained a fall from his bed, causing an orthopedic injury requiring him to wear a neck brace and causing him to suffer an injury to his wrist and hand, compromising his ability to rehabilitate himself. It is further alleged that the fact of the fall and its consequences were not disclosed to Mr. White’s wife, who was known to be a daily visitor to the facility and was Mr. White’s appointed representative for health care decisions.
There are further clear charging allegations against the owners and managing agents of Universal in Paragraph 20:
The deficiencies in care described herein were legally caused as a substantial factor by the conduct of managing agents and officers and owners of defendants including the Directors of Nursing at Universal, the Administrator of Universal, and the owners, joint venturers, operators and principal shareholders of Universal, including defendant National. The repeated failure of multiple members of the staff of Universal to carry out well-accepted and basic treatments and assessments known to be effective in the prevention of mechanical falls, pressure ulcers, malnutrition and dehydration and bowel impaction was a result of a conscious decision by defendants to understaff and not adequately train their employees. (See Part 6 of 10.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.