Caregiver Charged With Crime for Bed Sore Related Death

October 14, 2010 by Walton Law Firm

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.

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

October 8, 2010 by Walton Law Firm

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.

California Man Charged With Molesting Residents at Home for Disabled

March 19, 2010 by Walton Law Firm

A former aide at a home for the disabled has been arrested and charged with molesting two female residents. Curtis Cortez, age 59, is being held on $100,000 bail after his arrest, and is expected to be charged with seven felony counts of lewd and lascivious actions by a caretaker upon a dependent person.

From news accounts, it appears the man has confessed his crimes to police, at least partially. When police confronted Curtis about the allegations, he offered a "Hawaiian defense." He told authorities that he gave frequent hugs to people because it was part of his Hawaiian culture. He then volunteered that he was having problems with his girlfriend, and that he did touch one of the disabled woman's breasts and genitals.

From a civil liability standpoint it is an interesting case. Curtis himself would obviously be liable for sexual assault and battery, but probably unable to pay a civil judgment. The question is, would the home be liable? Generally speaking, an employer is not liable for the intentional criminal acts of its employees, unless the acts were engendered by, or arose out, the employee's duties. This one would be a close call.

What could hook the employers is a letter found in Curtis' employment records, which was an admonition to him to stop engaging in hugging or backrubs with clients in the home. The letter was written in November 2009. If the alleged molestations occurred after the letter was sent, the home could be negligent for keeping Curtis in its employ.

Source: MercuryNews.com

The Walton Law Firm represents seniors and dependent adults who have been abused or neglected in the nursing home, assisted living, or home health care setting. Call (866) 607-1325 for a free and confidential consultation.

Nursing Home Resident Hit By Car After Wandering From Facility

January 29, 2010 by Walton Law Firm

A few times a year we hear news stories of Alzheimer's sufferers wandering away from their homes and becoming lost. Those stories end one of two ways, and unfortunately, too often the ending is not a happy one.

These sad stories have created a cottage industry for nursing home providers. We have all now heard of nursing homes advertising themselves with "special neighborhoods for the memory impaired." Or providing "safe and secure" housing for the Alzheimer's patient. But what happens when the victim wanders away from those facilities?

A few years ago, such a thing happened in Escondido. Then a 94-year-old woman walked out of Palomar Heights Care Center in Escondido and into the path of a car, killing her instantly. Caregivers told the media that they didn't know what happened, but a subsequent lawsuit revealed some serious neglect on the part of the home.

It happened again yesterday in Castro Valley. An 89-year-old Alzheimer's sufferer was killed by a car after wandering away from an "Alzheimer's & Dementia Care Facility." It's unclear how this incident occurred, but you can bet that the primary reason the family of the victim placed him in the facility was to prevent the very thing that took his life. An investigation into the accident is ongoing.

Source: Mercury News

The nursing home abuse and neglect attorneys at the Walton Law Firm represent seniors and dependent adults who have been victims of physical abuse in the nursing home, and those who have been neglected or received substandard care. Call (866) 607-1325 or complete on online for for a free and confidential consultation.

Unlicensed San Bernardino Board-and-Care Run Like Prison

September 8, 2009 by Walton Law Firm

When police came to a San Bernardino board-and-care home looking for 23-year-old Trevor Castro, they found Castro and a whole lot more. Upon arrival they found a bucket of urine outside the door, and inside found outright squalor. The discovery led to the arrest of the home's owner, 61-year-old Pensri Sophar Dalton, who is currently being held on 16 counts of felony elder abuse.

According to reports, Dalton, who was called "Mama Sophar," ran a prison-like home - which was unlicensed - for 22 elderly and mentally ill residents in San Bernardino County. The home was surrounded by cinderblock walls with barbed wire atop. Several residents lived in converted chicken coops with no plumbing. A bucket was used for a toilet.

"None of [the chicken coop rooms] were up to code," said City Atty. James Penman. "They had some with padlocks on the outside and no emergency exits, which concerned us because it could be used to lock people in as well as lock people out. The smell of urine was horrific; it permeated the entire place."

Apparently this is not the only board-and-care home run by Dalton, who had another closed down a few years ago because of code violations. Public records show that there 13 other addresses under her name, with eight in San Bernardino, two in Redlands, two in Highlands, and one home in Los Angeles. Authorities are now looking into the care being provided at the other homes.

According to a neighbor, the city had been notified of the living conditions before, but no one bothered to investigate.

Source: Los Angles Times

The attorneys at Walton Law Firm LLP represent seniors and dependent adults who have suffered neglect or abuse nursing home, residential care, or board-and-care setting. Cases are taken in all Southern California counties, including Los Angeles, San Bernardino, Orange, Riverside, and San Diego. For a free and confidential consultation call (866) 607-1325.