(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this elder abuse/wrongful death case and its proceedings.)
Here, Dani O’Brien made complaints prior to April 2006 regarding medication errors affecting her mother’s medications. This put defendants on notice of problems with the administration of medication. Yet, defendants did not correct the medication problems, which persisted with errors with Mr. Brown’s medications late in 2006, (missed Procrit injections, missed doses of other medications), ultimately resulting in Universal Care’s overdosing him with Olanzapine (Zyprexa), thereby causing him pain, suffering, and death).
Universal Care also failed to take precautions to prevent Mr. Brown from falling, after being on notice in the admission process that he was at a high risk for falls. They also failed to change their fall prevention protocol for him after he had actual falls in the facility, resulting in his further falls.
These allegations are more than sufficient to allege conscious disregard of Mr. Brown’s welfare under Intrieri.
PLAINTIFFS’ THIRD CAUSE OF ACTION STATES CLAIMS FOR WRONGFUL DEATH.
Defendants mistakenly contend that plaintiffs have not alleged facts showing that defendants negligently caused Mr. Brown’s death. Paragraph 140 states that the autopsy shows a toxic level of Olanzapine in Mr. Brown’s blood stream. Paragraph 141 states that Universal Care provide[d] Steven excess dosing of Olanzapine, directly resulting in pain, suffering, and death on October 7,2006. Of course, these allegations state that Universal Care overdosed Mr. Brown on Olanzapine. These allegations sufficiently state a cause of action for wrongful death.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.