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Nursing Home Fall Results in Large Citation and Fine

October 26, 2010 by Walton Law Firm
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The California Department of Public Health issued its most severe citation to a California nursing home following the death of a 97-year-old resident. According to reports, the Gramercy Court nursing home patient fell out of her bed and onto the floor while a nursing assistant had her back to the patient. The resident suffered a spinal injury and died a short time later.

State investigators said the fall could have been prevented if the bed rail, which was ordered, had been in place. As a result, a AA citation was issued against the facility, and a $90,000 fine assessed. The maximum fine allowable under California law is $100,000.

To read the entire AA citation, CLICK HERE (.pdf).

Source: Sacramento Bee

The nursing home abuse and neglect lawyers at Walton Law Firm provide free consultations to individuals and families who believe a loved one has been abused or neglected in the nursing home. Any unexpected injury, illness, infection, or death may be the result of abuse or neglect. Call (866) 607-1325 for a free and confidential case evaluation.

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Posted In: Bed Rail , California Department of Public Health , Nursing Home Falls

Caregiver Charged With Crime for Bed Sore Related Death

October 14, 2010 by Walton Law Firm
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At Walton Law Firm, we have handled numerous cases involving decubitus ulcers or bed sores, many of them resulting in the death of the patient. But the cases we handle are civil cases; a prosecution of the nursing home or other caregiver to seek money damages. We have never seen any caregiver prosecuted criminally for such neglect.

090903_jean_rudolph.jpgIn Washington State, however, the owner of an assisted living facility and an employee were charged with crimes for the neglect of Jean Rudolph, who died under their care. When Rudolph died in 2008 at the age of 87, she weighed only 68 pounds. The cause of death was related to infections that were caused by bed sores so severe that they exposed her bones, including a hip sore so severe that her hip bone jutted out of her body.

Her son, who visited her twice a week, never knew of the sores. His mother suffered from end-stage dementia and couldn't speak or express her needs, and each time the son visited she was always under covers.

It has been alleged in the criminal indictment that more than three weeks passed before a caregiver called the son to inform him of the skin ulcers, at which point her son rushed her to the hospital emergency room.

"The ER doctor was, oh my God, putting on gloves and masks like it was the Ebola virus," James Rudolph said. "When I first saw it, it was horrific. It was odiferous. It was definitely not a good thing."

Three weeks later, Jean Rudolph died.

Source: KOMO news

The San Diego elder abuse and neglect lawyers at Walton Law Firm provide free consultations to individuals and families who believe a loved one has been abused or neglected in the nursing home, assisted living, board and care, or home health care setting. Call (760) 571-5500 for a free and confidential case evaluation.

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Posted In: Assisted Living Facilities , Bed Sores , Board-and-Care , Decubitus Ulcer

Mother and Son Accused of Elder Neglect in Escondido Board and Care

October 8, 2010 by Walton Law Firm
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A 72-year-old woman suffered burns on her hands and feet while under the care of an Escondido woman and her son at their home-based elder care facility. Mila Labayen, 74, and her son, Steve Perez Lopez, 50, face criminal charges for elder abuse arising from their failure to seek immediate medical attention for the injuries of the resident who suffers from dementia. In addition, Mr. Lopez is charged with draining $45,000 from the bank account of another elderly resident, who suffers from schizophrenia. Mr. Lopez allegedly took the money while out on bail for charges relating to the elder abuse claim. Alert bank employees alerted authorities to the suspicious withdrawal of money.

It is unclear what caused the 72-year-old woman’s burns, but by the time her daughter learned of her injuries and brought her to the hospital, her skin was already sloughing off, and she remained in the hospital’s burn unit for nine days.

The elder care home, Liberty Care Homes III, located on the 1100 block of Via Rancho Parkway, was owned and operated by Ms. Labayan and was licensed to provide residential care for up to six elderly people. The license was first issued in 1993. Liberty Care Homes III is now closed.

Source: North County Times

The nursing home abuse and neglect lawyers at Walton Law Firm provide free consultations to individuals and families who believe a loved one has been abused or neglected in the nursing home, assisted living, or home health care setting. Call (866) 607-1325 for a free and confidential case evaluation.

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Posted In: Board-and-Care , Elder Abuse , San Diego Elder Abuse

Nursing Home Patient Arrested for Killing 94-Year-Old Roommate

October 4, 2010 by Walton Law Firm
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An 81-year-old nursing home resident beat his 94-year-old roommate to death with a closet rod in their Laguna Hills nursing home. Sheriff's have arrested William McDougall of Mission Viejo for causing the death, and he has been booked for murder. The victim, Manh Van Nguyen of Laguna Woods, was pronounced dead upon arrival to Saddleback Memorial Hospital.

l9oh7z-l9oh6tmcdougall.jpg The motive in the killing is unclear. Both men were residents at Palm Terrace Healthcare and Rehabilitation Center, a licensed skilled nursing facility in Laguna Hills. (More info about the facility here) "What prompted the attack is still under investigation. Obviously, this is very unusual," sheriff's spokesperson Jim Amormino told the media. Staff at the nursing home have apparently told sheriff's investigators that there no prior conflicts between McDougall and Nguyen.

What causes violence such as this in the nursing home? It could be a number of things. First, it is not uncommon for residents with memory impairment such as Alzheimer's disease to act aggressively toward caregivers and others. Our law firm has represented victims of peer-on-peer abuse in the past. Another possibility is medications. What medications was McDougall on (or not on) that might have contributed to this offense. And, of course, maybe McDougall is just a violent person. No doubt all of this will be uncovered in the criminal investigation, which is just starting.

Source: OC Register

The elder abuse and neglect lawyers at Walton Law Firm provide free consultations to individuals and families who believe a loved one has been abused or neglected in the nursing home, assisted living, or home health care setting. Call (866) 607-1325 for a free and confidential case evaluation.

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Posted In: Orange County Nursing Home , Peer Abuse , Physical Abuse

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