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Apr 12, 2021 by |

Napa County and California Elder Abuse Attorney: Alleged Neglect Leads To Death Of Assisted Care Facility Patient

ATTORNEY NEWSLETTER

Neglect And Lack Of Proper Care Of Hospice Patient

Undisclosed, Untreated Pressure Wounds Lead To Death

Sepsis and Gangrene Developed From Untreated Wound

“Elder abuse does not always come in the form of a physical attack,” stated former California Attorney Xavier Becerra when announcing charges against a nurse at an assisted care facility where a 69-year-old patient recently died as a result of an untreated pressure wound on the patient’s ankle according to reports.[1]  Former AG Becerra further stated, “It can result from utter neglect and lack of proper care, as we allege [here]. Assisted living residents are a vulnerable population all too often victimized by acts of neglect and improper care. We must hold our medical professionals accountable for their actions.  [T]he California Department of Justice is committed to protecting the health and safety of our residents.”  Our litigators have experience with cases that involved very similar facts; untreated pressure wounds/bed sores can be fatal, and any parties responsible for the condition and fatality should be held accountable. The Napa elder abuse attorneys at Evans Law Firm, Inc. are also dedicated to the health and safety of older Californians and represent injured seniors and their families here in Napa and throughout California.  Our elder abuse litigators can be reach at (415)441-8669. 

Allegations of Fatal Neglect

Court documents in the reported case reveal that the supervising RN charged with neglect was the resident’s case manager and allegedly failed to record the discovery of open ulcers in the patient’s medical records. She also allegedly failed to notify a medical doctor and the resident’s family of her deteriorating condition.  Due to the purported lack of care, investigators determined that her condition worsened and eventually led to her death. The California Board of Registered Nursing (the Board) opened an administrative investigation into the supervising RN’s actions and concluded as the resident’s case manager, she failed to appropriately assess an ulcer she discovered on the patient’s right heel, a plan of care was never developed, and the ulcer worsened into a wound that required emergency surgery to the victim’s right foot, which had become septic and gangrenous. Following the surgery, the resident suffered a continued decline in health and eventually passed away. In response to the Board’s findings the California Department of Justice also investigated the case through its Division of Medi-Cal Fraud and Elder Abuse.  The RN was charged with one count of felony elder abuse.

Evans Law Firm Represents Injured Seniors

If you have any suspicions whatsoever that your loved one is suffering any kind of abuse, call us.  If you can’t safely go visit an older loved one right now, Zoom or Facetime with them or ask someone on the staff of where they live whom you really can trust to let you know how they’re doing. Do not let warning signs like bruises, or personality changes, or silence pass by unnoticed.  Always act on your instincts and call us if you suspect any problem.  Our elder abuse litigators know how to investigate cases of physical (and financial) elder abuse and how to pursue all remedies available under California law which include holding supervisors and owners responsible for neglect and abuse of institutionalized patients. Awards may include attorneys’ fees and expenses you’ve incurred in bringing your case.  The litigators at Evans Law Firm will hold all parties responsible for the abuse to count, including owners of home health care agencies and owners, administrators and supervisors in nursing homes and other care facilities.

Contact Us

You can reach Ingrid M. Evans and our other Napa elder abuse attorneys at (415) 441-8669, or by email at info@evanslaw.com.

[1] Evans Law Firm, Inc. is not involved in the reported case in any way.

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