(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this medical negligence case and its proceedings.)
It is also worth noting that situations similar to those described in this elder abuse 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.
Plaintiffs’ Abbey White, Olivia Lee, and Owen White’s Opposition to Universal Care of Sacramento and Aging Care’s Demurrer to Plaintiffs’ First Amended Complaint
Plaintiffs Abbey White (“Decedent” or “Abbey”), by and through her successor-in-interest Olivia Lee, Decedent’s daughter Olivia Lee, and Decedent’s son Owen White (collectively “Plaintiffs”), respectfully submit the following opposition to defendants Universal Care and Aging Care’s (collectively “Defendants”) Demurrer to Plaintiffs’ First Amended Complaint (“FAC”).
Defendants’ contend in their demurrer that the first four causes of action of Plaintiffs’ FAC [i.e., Elder Abuse; Violation of Patients Bill of Rights; Concealment; and Negligent Infliction of Emotional Distress (“NIED”)] fail to state sufficient facts and/or is otherwise uncertain. However, Defendants’ contention is entirely without merit as the FAC contains some 27 paragraphs of detailed factual allegations which clearly apprise Defendants of the claims against them, as required by the Code of Civil Procedure. In fact, the factual allegations contained in the FAC go much further than simply appraising defendants of the claims against them, they actually set forth in detail the multiple acts and omissions which comprise the reckless neglect. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
In fact, in paragraphs 24 through 50, Plaintiffs alleged, in considerable detail, the key factual allegations that clearly demonstrate that Defendants’ reckless neglect of Abbey resulted in her senseless death.
While a resident of Defendants’ skilled nursing facility (hereafter the subject “SNF”), Plaintiffs have alleged facts in their FAC that show Defendants’ conscious disregard for Abbey’s health and safety.For example, Plaintiffs alleged that Defendants failed to conduct proper evaluations, failed to perform required nurse charting, failed to address her inability to swallow, failed to address her malnutrition and worsening dehydration, failed to contact her physician despite her obviously declining condition, ordered a pureed diet without consulting with her physician, engaged in false charting in an attempt to cover-up their neglect, failed to receive proper doctor’s orders, and ultimately caused and then failed to address her severe dehydration and death. Plaintiffs also alleged that Abbey’s dehydration and resulting pain, suffering, and death were all entirely avoidable with proper nursing care by Defendants.
The big picture here is that the FAC sets forth a multitude of factual allegations that detail Defendants’ acts and omissions, and they go beyond appraising Defendants of the claims against them. For these reasons, Defendants’ Demurrer to Plaintiffs’ FAC should be overruled.
(See Part 2 of 12.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.