Elder Abuse Must Be Properly Pled in the Complaint to Allow for The Enhanced Remedies

Written by Adam Peck Category: Nursing Homes January 23rd, 2013 2 min read

In the present matter, the complaint alleges defendants failed to follow a physician’s orders by not giving Hiilton prescribed antibiotics for a known urinary tract infection (UTI), failed to monitor Hilton’s condition and report meaningful changes to her physician, failed to document Hilton’s condition as necessary for proper evaluation by licensed practitioners, failed to note and properly react to emergent conditions, failed to arrange for proper medical treatment of Hilton’s UTI, and failed to assist Hilton with eating after she lost her dentures.

Plaintiff further alleges the foregoing acts were “intentional and/or in reckless disregard for the probability that severe injury and/or suffering would result from their failure to carefully adhere to their duties” and that defendant “knew, or should have known, that there was a probability that disease, injury, or death would result from their failure to adhere to their duties.” Finally, the complaint alleges: “The conduct of defendants was outrageous. Doris Hilton was forced to endure great pain, mental anguish, humiliation, feelings of helplessness and desperation due to their acts and omissions of deliberate indifference. She was neglected and without care or attention, without assistance in feeding or toileting, and was left without medication for a diagnosed urinary infection until she became confused and incoherent. During this time, her cries of pain and for assistance prompted no response from defendants, who had allocated knowingly inadequate resources to provide proper staffing to care for Doris Hilton. Accordingly, defendants were unwilling and/or unable to react to Doris Hilton’s complaints or follow orders for therapeutic action from her attending physician so that her condition worsened until her death . . . .”

the complaint alleges, among other things, that defendant failed to adhere to a physician’s orders to administer antibiotics for a known UTI and failed to monitor, document and react appropriately to Hilton’s worsening condition. In addition, “her cries of pain and for assistance prompted no response from defendant[], who had allocated knowingly inadequate resources to provide proper staffing.” Although not expressly alleged, it may be inferred from this that Hilton did in fact cry out in pain and for assistance but received no response. We conclude plaintiff should be given an opportunity to try and prove, by clear and convincing evidence, that such conduct amounted to recklessness, oppression, fraud or malice.

Share it

Questions? Check with Peck Today

Blog Lead Form

Elder Abuse and Neglect in Assisted Living Facilities

Elopement in Nursing Homes

Assisted Living Abuse

Settlement Reached in Assisted Living Facility Death

Assisted Living Abuse and Neglect Attorneys

Written by Adam Peck

Expertise: Personal Injury

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.