Personal Injury Lawyer Blog
It is worth noting that situations similar to those described in this medical malpractice 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.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this elder abuse case and its proceedings.)
The pattern of neglect in not following said basic treatments and assessments was not an isolated episode of inadvertence by a single practitioner, but was evidence of institutional indifference in that multiple employees on multiple occasions neglected Aaron. The repeated failure of the staff to follow well-known protocols for the prevention of pressure ulcers and other conditions to which Aaron 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. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
Further allegations of reckless institutional neglect are set out in paragraph 26, wherein it is alleged that managing agents of JFK, 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 Mr. Black, took no remedial action.
Paragraphs 19 and 20 set out duties which JFK 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 Aaron Talbot from compromise to his health and safety, i.e. the development of pressure ulcers.
Paragraphs 22, 23, 24 and 25 allege 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.