Personal Injury Law

Sacramento Man Dies In Nursing Home, Part 1 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.)

Plaintiff John Allen ("Allen"), deceased, by and through his conservator, Darrell Allen, submits the following Settlement Conference Statement:

INTRODUCTION

This is an action for violation of the Elder Abuse and Dependent Adult Act ("EADACPA") and negligence against defendant XYZ MEDICAL CENTER ("XYZ") for its reckless neglect in its failure to provide adequate custodial care to Allen. This also an action for violation of the EADACPA, negligence, battery, and intentional infliction of emotional distress against defendant Paul Smith ("Smith") arising out the battery against Allen. Furthermore, this is an action against defendant Generic Nursing, Inc., ("Generic") under the doctrine of respondeat superior, and for negligent hiring and retention of defendant Smith.

STATEMENT OF FACTS

Allen, who is now deceased, was an incompetent adult as determined by the probate court. The court appointed Allen's father to be the limited conservator over Allen's person and estate. Therefore, Allen was the proper plaintiff under the EADACPA. Allen suffered from attention deficit disorder with hyperactivity, global developmental disability, and had emotional behavioral problems. Prior to his admission to XYZ's medical facility, Allen was a regional center client. An individual is eligible to be a client of the regional center if he/she has a developmental disability and has an IQ of 85 or below. Allen could not read, write, count, or manage his own finances. He was assigned a payee who managed his social security check.

On or about February 11, 2005, Allen was shot in the neck, and the shooting rendered him a quadriplegic. Shortly after the shooting, Allen was admitted to University, a branch of XYZ.
Shortly after being admitted to University, Allen was assessed for his risk for developing decubitus ulcers. The University staff at XYZ concluded that Allen's risk for developing decubitus ulcers was high. In order to satisfy his nutritional needs, Allen was given a percutaneous endoscopic gastrostomy tube (PEG) that was monitored by his dietician.

Full post as published by Sacramento Injury Lawyer Blog on December 21, 2009 (boomark / email).