Elder Abuse, Nursing Home Claims

November 13, 2010--The disabled and elderly have significant protections under Federal and state law in California.  Most notably, the California Elder Abuse Act affords the family of a mistreated patient access to enhanced remedies including recovery of attorneys fees, punitive damages, and pre-death pain and suffering, in addition to wrongful death damages where appropriate.

Our recent successes involved a demented patient who escaped from a rest home due to an expired battery on his security bracelet (he walked 3 blocks, fell down a ravine and died within days); a patient sent to the doctor's office unescorted who fell and fractured her leg and then also due to poor care received a fatal infection; a woman at a mental hospital who was not properly strapped into her chair and who was found hours later strangled in her straps; and finally an infant who was delivered to her parent's home by a child care provided in a lifeless state.  The first two cases have been successfully resolved and the last two are currently pending.

We can take cases anywhere within California.  Please give us a call.  Attorney John Rozier  559-713-0159.

California Nursing Home Wrongful Death/Elder Abuse

January 22, 2010--California Elder abuse alert.  The nursing home chart at a rest home near Victorville for a client's deceased mother was recently reviewed and several interesting discrepancies were located.  For example, after suffering an 8 lb. weight loss in one week due to infection, the next measurement matched to the ounce a prior reading as though nothing had occurred.  Obviously, we will take the position that the patient had not been reweighed and prior readings were simply repeated.  Pills were recorded as supplied after the patient left the facility to be admitted to the hospital, and DNR orders were in place when an opposite intent had been expressed by the patient.  When the patient was sent to an appointment unescorted she fell and broke her leg.  Soon therafter she expired.  We also were able to investigate the rest home online to discover that the nursing home was rated one star out of five by the state.

If your spouse or parent has died in a California nursing home under circumstances which the state is now investigating, anywhere in the state, please give us a call.  Elder abuse or nursing home neglect resulting in wrongful death carries serious civil penalties.      http://www.nelsonrozier.com/

Visalia woman files suit over nursing home death

November 7, 2009--A Visalia woman is filing suit over the death of her mother in a nursing home.  After being allowed to attend a doctor's appointment without an escort, albeit in a wheelchair and with an oxygen tank, the nursing home resident fell from the chair and fractured her leg in addition to facial injuries.  When returned to the nursing home after leg surgery in the hospital, medical care was inadequate leading to sepsis and double pneumonia and eventual death.  The California Department of Health Services investigated this death and issued two large fines (each nearing $18,000) against the facility.  Paperwork is now being circulated by the Law Firm of Nelson & Rozier preparatory to filing suit which should take place within a week.

Wrongful death claimants in a case such as this follow California laws of inheritance without a will--in other words the rules of intestate succession.  The surviving spouse, surviving children, and even grandchildren may have a claim if their parent does not survive.  If you have a family member who has been mistreated at a nursing home please call Attorney John Rozier at 559-713-0159.  www.nelsonrozier.com