California – March 2, 2021

A registered nurse who worked at a Southern California assisted living facility was recently charged with abuse for the neglect of a 69-year-old woman who died after she developed gangrene in a California nursing home facility.  The nurse pleaded not guilty to elder abuse that caused great bodily injury and remains free on $50,000 bail according to California state attorney general’s office.  The charge arises out of care that was not appropriately given when she was a case manager for a resident of Brookdale Senior Living in Riverside who suffered from an ulceration on her foot that became septic and gangrenous, leading to the resident’s death.  The failure to notify the resident’s loved ones and physician of her declining health may have played a part in the negative outcome.  When residents, or loved ones are harmed by negligence in nursing home settings, legal action may be warranted to ensure their continued safety, or compensation for damages related to harmful loss, or death.

Reasonable measures toward safety.

Administrative personnel must take reasonable measures to ensure caregivers follow updated state protocols, along with those already in place to protect residents in long-term residential health care facilities.  Nursing home abuse covers acts of negligence that cause, or exacerbate existing health conditions or place residents in danger.  The Nursing Home Reform Act under Title IV: of the Omnibus Budget Reconciliation Act of 1987 mandates that residents of long term care and nursing home facilities are treated with respect, and have the right to receive:

  • Medically-related social services,
  • Proper health care and dental care,
  • Accurate dispensing, receipt, and administration of medicines,
  • Dietary services that meet daily nutritional needs,
  • Services for mentally ill and special needs residents,
  • Personal, material, and financial privacy when requested,
  • Treatment that does not violate a resident’s personal dignity.

These regulations ensure that residents are receiving a proper level of care, and nursing home attorneys assist individuals and family members who suspect abuse and harm against loved ones living in long term skilled facilities.  California nursing home ombudsmen can act on behalf of residents when negligence, or abuse claims occur.  They can be contacted at 1-888-452-8609 or email at [email protected].

Statute of limitations.

The statute of limitations for wrongful death claims in California is two years from the date of the decedent’s death, but when medical malpractice is involved it could be as short as one year from the time of the incident, and if action is against a government agency it may be six months, with reasonable support that a defendant’s negligence or intentional action played a role in causing a death.

Seek legal counsel.

Contact a personal injury attorney in California if you, or a loved one suffered injury, or death caused by unsafe practices, inadequate precautions, or the failure to record, or notify families of negative changes to a nursing home resident’s health.

 

Sources.

https://www.dhcs.ca.gov/services/mh/Pages/MH-Ombudsman.aspx

https://www.newsobserver.com/news/article249326880.html

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=377.60.&lawCode=CCP

http://leginfo.legislature.ca.gov/faces/codes_displayexpandedbranch.xhtml?tocCode=GOV&division=3.6.&title=1.&part=&chapter=&article=

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