Nursing Home Points Finger at Hospital in Patient Death

January 3, 2011 by Walton Law Firm
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A Northern California nursing home is claiming that the local hospital, Mercy Medical Center, killed one of its residents. According to news accounts, 74-year-old Robert Nelson, a developmentally disabled adult residing in skilled nursing facility Shasta House, was taken to Mercy in December for "digestive problems." Nelson used a feeding tube for nourishment, and could not take any food by mouth. The nursing home said that the hospital was informed of this.

Visitors to Nelson at the hospital, however, said they caught hospital staff trying to feed Nelson by mouth on several occasions, including attempts to administer pills by mouth. The attempts continued, allegedly, even after warnings were given to hospital staff.

Not long after his admission for the digestive problems, Nelson came down with aspiration pneumonia, an inflammation of the lungs and airways, usually caused by the breathing of foreign material such as food. People with swallowing difficulties are at risk of acquiring aspiration pneumonia, but Nelson should not have been as his condition required no food by mouth.

The hospital has denied any wrongdoing, and an investigation continues.

Source: KRCRTV.com

The elder neglect and abuse attorneys at Walton Law Firm provide free consultations to individuals and families throughout Southern California who believe a loved one has been abused or neglected in the hospital, nursing home, assisted living, board and care, or home health care setting. Call (760) 571-5500 or (866) 607-1325 for a free and confidential case evaluation.

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Posted In: Developmentally Disabled , Feeding Tube Misplacement

California Man Charged With Molesting Residents at Home for Disabled

March 19, 2010 by Walton Law Firm
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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.

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Posted In: Board-and-Care , Developmentally Disabled , Sexual Assault

Deaths of Developmentally Disabled Should be More Thoroughly Investigated

July 9, 2008 by Randall R. Walton
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About four years ago I had a very interesting case involving the death of a developmentally disabled adult in a San Bernardino care facility. In my case, the thirty-year old severely disabled man was found barely breathing on the floor next to his bed just after midnight. Medics were called, and tried to sustain his life, but sadly the man died. Staff and the family presumed it was a heart attack, since the decedent was very obese and had a history of some heart problems.

An autopsy, however, showed a different case of death. The medical examiner ruled the death a homicide, finding that the man died from blunt force trauma to his abdomen. The next question for use was Who did it?

Through the discovery process in a lawsuit we filed against the facility, we believed the death was caused by either a disgruntled employee, who was tired and angry at the resident for the demands he made on staff time, or an autistic room mate (who could not speak), who accidentally kicked the decedent in an act of self-defense. The case settled before trial, so those questions were never fully answered.

Today, the Government Accountability Office issued a report that states should more thoroughly investigate the deaths of developmentally disabled people who are receiving community based care. The GAO found that the manner in which deaths were investigated varied widely from state to state, and many investigations were inadequate to determine if the deaths were the result of poor quality of care. To provide adequate safeguards, the GAO is instructing Medicare to put more pressure on states to investigate all deaths of DD individuals, regardless of the suspected cause. The complete report can be found here.

It's worth mentioning that California's elder abuse laws apply equally to "dependent adults" which is any individual between the age of 18 and 64 who is in some type of custodial care. Frequently that includes developmentally disabled adults.

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Posted In: Developmentally Disabled , Nursing Home Abuse and Neglect , Residential Care Facilities

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