Personal Injury Law

Wrongful Death Of Sacramento Man In Elder Care Facility, Part 3 of 3

By Moseley Collins, Esq.

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this elder abuse/personal injury case and its proceedings.)

Allen developed decubitus ulcers because the nurses in charge of his care did not turn and reposition him as required. Allen was a quadriplegic, and the nurses' orders stated that he needed to be turned once every two hours. XYZ's employees did not turn Allen once every two hours as required, and XYZ has admitted that its nurses failed to carry out their own orders. XYZ argues that its employees did not turn Allen as required because he refused to cooperate, and that he stated that he did not want to be turned. In support of its argument, XYZ contends that patients have a right to refuse treatment. XYZ's position is both legally and medically unsound, as only competent patients have the right to decide what medical care to receive.

Here, Allen lacked the capacity to accept or refuse treatment. There is ample information in Allen's medical records that indicates that Allen lacked the capacity to accept or refuse treatment. Allen was unable to read, write, or count. He was unable to manage money, and was assigned a payee for his monthly Social Security Check. Allen was also a regional center client prior to his admission at University. XYZ's employees did not conduct a formal evaluation of Allen's functional capacity or a psychological evaluation. Moreover, Allen was not interviewed by a psychiatrist or psychologist while a resident at University. The failure to turn Allen as required in his care plan was reckless neglect and a breach of the standard of care that is discussed in CACI Instruction 504.

XYZ's employees knew or should have known that if they did not provide Allen with assistance with mobility, there was a high probability that he would develop decubitus ulcers based upon Allen's high risk for pressure ulcers. Those in charge of Allen's custodial care knew, or should have known of Allen's high risk for developing decubitus ulcers, and they were reckless in their failure to take the necessary steps to ensure that Allen was receiving proper custodial care.

Full post as published by Sacramento Injury Lawyer Blog on December 26, 2009 (boomark / email).