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Author Archives: Adam Peck

 About Adam Peck

Adam J. Peck, ESQ is a principal with Peck Law Group, APC. In 2008, Mr. Adam Peck received his Juris Doctorate from Whittier Law School where he graduated Cum Laude. His practice is primarily dedicated to representing Elders, Dependent Adults, along with their loved ones and family members, who have suffered horrific personal injuries.
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Neglected Bedsores Caused Wrongful Death of Skilled Nursing Home Resident

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The family of a nursing home resident who died — at least in part, due to pressure ulcers — can pursue punitive damages in a wrongful death suit against Golden LivingCenter-Stroud.

Federal magistrate Martin C. Carlson ruled this week that the family of Mary Ann Miller has grounds to seek damages in light of allegations that the facility failed to address her wound risk and later falsified medical records to cover it up.

This “is suggestive of a consciousness of guilt, and would provide evidentiary support for the mental state needed to sustain a punitive damages claim,” Carlson wrote.

Miller’s family filed a 31-page civil complaint, claiming Golden Living staff overlooked the 79-year-old woman’s high risk for bed sores. She was admitted for rehabilitation services related to a broken hip and surgical repair in November 2015.

She died in February 2016, and an autopsy called two pressure ulcers a contributing factor, according to court records.

Golden Living did not respond to request for comment before McKnight’s production deadline.

The company had sought a dismissal of the punitive damage claim, citing Pennsylvania’s strict rules about non-harm awards. Carlson disagreed.

“The well-pleaded facts set forth in the (plaintiff’s) complaint plausibly state a claim for punitive damages under Pennsylvania law since, fairly construed, this complaint alleges that the defendants were subjectively aware of Mrs. Miller’s heightened susceptibility to bed sores, yet neglected to treat this condition until Mrs. Miller was suffering from stage 5 necrotic ulcers,” Carlson wrote.

In January, a different federal judge allowed punitive damage claims to proceed against another Golden Living nursing home where lawyers say a woman fell seven times before being transferred with a dislocated hip.

Should you or your loved one be the victim of Bedsores also known as Pressure Sores and Decubitus Ulcers causing extreme pain and suffering, and possible infections, and be the victim of numerous falls causing serious injury, please contact the Peck Law Group, APC TOLL FREE AT 1-866-999-9085.  WE WILL HELP YOU!!!

Sacramento Elder Abuse: Resident Dies of Severely Infected Stage IV Bed Sores which Led to Sepsis

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An Elderly Sacramento resident age 81, admitted to a Sacramento area skilled nursing facility, suffering from dementia, legally blind, actually died as a result of severely infected Stage IV Bed Sores.

The family also alleged that the Elderly man often was found by his family soaked in urine, unclean and lacking in oral care.  The family continually reported these claims to both the Administrator and the Director of Nursing of the facility, who continually promised that the care would improve.  It did not!!!

  1. The Nursing home records showed that the Elderly man suffered 26 falls:
  2. Was found on the floor 19 times without anyone seeing him fall;
  3. Was found on the ground outside the building with multiple insect bites;
  4. Developed severely infected Stage IV Bed Sores;
  5. Became severely malnourished and dehydrated; and,
  6. Developed pneumonia, which was not addressed in a timely fashion by the Nursing home. This elderly man died as a result of Sepsis caused by the infected Stage IV Bed Sores.  The matter resolved for a substantial confidential settlement.

The Peck Law Group, APC will fight for the rights of Elders / Dependent adults neglected and injured in skilled nursing facilities, assisted living facilities, and by Home Health Providers.  Please call us toll free at 1-866-999-9085 for a no-cost evaluation of your claim.

The Peck Law Group: Fighting for the Rights of Residents Against Nursing Home Abuse and Neglect in San Bernardino

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The Peck Law Group, a California Professional Law Corporation has been fighting / advocating for the rights of Nursing Home Residents in the State of California and San Bernardino County, against Nursing Home Abuse and Neglect for over thirty (36) years.  We fight for our clients’ rights and for just compensation for the injuries received by elders and dependent adults all over the State of California as a result of Nursing Home Abuse and Neglect.

Nursing Homes have an absolute duty to care for a resident upon admission to their facility.  Upon being admitted to a facility,  the resident is usually assessed by the Administrator of the Facility and / or the Director of Nursing.  If after assessment, the resident is admitted to the facility, that facility has thus now agreed that they are able to adequately care for the resident in their present physical condition upon admittance.

California Welfare and Institutions Code section 15610.63 provides: “Physical abuse” means any of the following:

(a) Assault, as defined in Section 240 of the Penal Code.

(b) Battery, as defined in Section 242 of the Penal Code.

(c) Assault with a deadly weapon or force likely to produce great bodily injury, as defined in Section 245 of the Penal Code.

(d) Unreasonable physical constraint, or prolonged or continual deprivation of food or water.

(e) Sexual assault, that means any of the following:

(1) Sexual battery, as defined in Section 243.4 of the Penal Code.

(2) Rape, as defined in Section 261 of the Penal Code.

(3) Rape in concert, as described in Section 264.1 of the Penal Code.

(4) Spousal rape, as defined in Section 262 of the Penal Code.

(5) Incest, as defined in Section 285 of the Penal Code.

(6) Sodomy, as defined in Section 286 of the Penal Code.

(7) Oral copulation, as defined in Section 288a of the Penal Code.

(8) Sexual penetration, as defined in Section 289 of the Penal Code.

(f) Use of a physical or chemical restraint or psychotropic medication under any of the following conditions:

(1) For punishment.

(2) For a period beyond that for which the medication was ordered pursuant to the instructions of a physician and surgeon licensed in the State of California, who is providing medical care to the elder or dependent adult at the time the instructions are given.

(3) For any purpose not authorized by the physician and surgeon.

Welfare and Institutions Code section 15610.57 provides:

(a) “Neglect” means either of the following:

(1) The negligent failure of any person having the care or custody of an elder or a dependent adult to exercise that degree of care that a reasonable person in a like position would exercise.

(2) The negligent failure of the person themselves to exercise that degree of care that a reasonable person in a like position would exercise.

(b) Neglect includes, but is not limited to, all of the following:

(1) Failure to assist in personal hygiene, or in the provision of food, clothing, or shelter.

(2) Failure to provide medical care for physical and mental health needs. No person shall be deemed neglected or abused for the sole reason that he or she voluntarily relies on treatment by spiritual means through prayer alone in lieu of medical treatment.

(3) Failure to protect from health and safety hazards.

(4) Failure to prevent malnutrition or dehydration.

(5) Failure of an elder or dependent adult to satisfy the needs specified in paragraphs (1) to (4), inclusive, for himself or herself as a result of poor cognitive functioning, mental limitation, substance abuse, or chronic poor health.

“[T]he statutory definition of neglect set forth in the first sentence of Welfare and Institutions Code section 15610.57 is substantially the same as the ordinary definition of neglect.” (Conservatorship of Gregory v. Beverly Enterprises, Inc. (2000) 80 Cal.App.4th 514, 521 [95 Cal.Rptr.2d 336].)

Should you,  a loved one, and / or a family member have incurred injury such as Bed Sores, Pressure Ulcers, Dehydration, Malnourishment, Multiple Falls with Fractures in a California Nursing Home in San Bernardino County, please immediately contact the Peck Law Group, APC at 1-866-999-9085 to discuss your matter.  We will help you!!!

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