Nursing Care Facility Covered Up In Elder Abuse Case

(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.

Defendants’ Fraudulent Mis-Charting Has Been Sufficiently Pled

In their Demurrer, Defendants suggest that Plaintiffs’ “failed miserably” at identifying a single instance of mis-charting. In their FAC, Plaintiffs pled that Defendants engaged in false charting. Specifically, [o]n Sunday, April 13, 2008, the first nurses’ entry was not until 2 p.m., a full 24 hours after a prior entry regarding Abbey’s sleepiness and refusal of breakfast and lunch. By 4:45 p.m. on April 13, 2008, Abbey was noted as being lethargic and nonresponsive to verbal stimuli but responsive to painful stimuli with labored breathing … During the time period of April 12 and April 13, 2008, there are a number of factual inconsistencies that clearly demonstrates blatant mis-charting by Defendants in an attempt to cover up and conceal their neglect. (FAC, paras. 36 – 37). For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Thus, Plaintiffs have informed Defendants of the exact time of the mis-charting and they have provided them with the basis of the mis-charting. However, since the Decedent died as a result of Defendants’ neglect, and since Defendants are in possession of the original records (which have not yet been produced in full), Plaintiffs will need to conduct discovery to get the exact details of the false charting (i.e., once they have the opportunity to take Defendants’ nurse and caregiver staff depositions.)

Nevertheless, as required by the code, Plaintiffs have provided Defendants with sufficient detail so that they are apprised of the basis upon which Plaintiff are seeking recovery. (See Part 10 of 12.)

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.