By: William M. Berman, Attorney at Law
SANTA MONICA, CALIFORNIA – Both nursing home advocates and our San Diego decubitus ulcer attorneys are perplexed that a Santa Monica nursing home remains operational despite numerous deaths at the facility which were determined to have been caused by negligent acts of the nursing home’s staff. According to California Advocates for Nursing Home Reform (CANHR), an organization that monitors compliance of care services being provided in nursing facilities throughout the state, dozens of complaints have been filed against Santa Monica Arbor View Rehabilitation and Wellness Center, including a complaint surrounding the death of one resident who died after staff ignored his breathing difficulties and the death of another resident after being hospitalized with a severely infected Stage-IV bedsore. Bedsores, also known as decubitus ulcers or pressure ulcers, can occur when a patient lies immobile in a bed for an extended period of time without proper care or supervision. Despite numerous complaints and confirmation that the care rendered at the facility has been deficient, the facility has received only low-grade citations and continues with business as usual. If you feel that a loved one has been the victim of negligent care in a nursing home that has resulted in a pressure ulcer or other injury, our experienced California bed sore lawyers can offer the guidance and assistance you need to pursue legal action.
The most recent incident at this Santa Monica nursing home involved a resident who was being held down by staff as he was being treated for a skin wound. The resident had been experiencing excessive secretions from the wound site, a complication from Parkinson’s disease. Despite the known risks involved, the nurses at the facility failed to perform the treatment properly by failing to secure his airway prior to beginning the cleaning. Within minutes of starting the treatment, the man stopped breathing and he died within an hour.
Through investigation of the incident, a Los Angeles County Health Department investigator concluded that the facility failed to follow its own written policies and procedures surrounding the specific treatment and also failed to develop an appropriate care plan to treat the man’s excessive secretions. Despite these findings, however, the California Department of Public Health issued its lowest-level citation, a class “B” citation, and fined the facility just $1000. The Health Department has the authority to issue fines up to $100,000 for neglect or abuse which causes a resident’s death.
Oddly enough, on the same day that man died, the Los Angeles County Health Department received another complaint and investigated a claim regarding a resident who was hospitalized due to a severe bedsore infection in August 2007 which developed while he too was a resident at Arbor View. The man later died due to complications and infection from the bedsore. Despite the LA Health Department’s finding of neglect in this case, the facility was again issued only a class “B” citation and fined only $1000. The hearts of our San Diego bed sore attorneys go out to both the victim of this tragic mishap and his surviving family members. We realize that nothing can replace a life that is lost, but we are passionate about obtaining justice under the law for the negligence and wrong-doing of others. If someone you love has developed a bed sore due to improper care at a nursing home, contact one of our knowledgeable California pressure ulcer lawyers and we will offer advice on how to best pursue your claim.
A similar finding later was made for yet another Arbor View resident who suffered a severe bedsore. Both of these investigations were conducted well after the initial complaints were filed, and the citations were not issued until up to 18 months after the incidents. CANHR also expressed concern that, according to the Department of Public Health’s website, Arbor View had 75 complaints against it in 2007 and 2008.
For more information about this facility and other problematic nursing home and residential care facilities for the elderly in California visit CANHR’s website at www.canhr.org or contact one of our highly skilled San Diego pressure ulcer lawyers.
Attorney William M. Berman is the managing partner Berman & Riedel, LLP, a California personal injury firm that specializes in litigating elder abuse and neglect claims resulting in serious personal injury and/or wrongful death to elderly and dependent adults. The firm’s California decubitus ulcer lawyers have successfully settled numerous bed sore cases caused by negligent nursing home care. The elder abuse attorneys at Berman & Riedel, LLP, have built a reputation as one of the most prominent and most successful civil litigation firms litigating claims for victims of elder abuse and neglect within the State of California.
