Elder Abuse, Neglect, and Negligence at Windsor Chico Creek - The Story of Owen Lavis - PLG Nursing Home Abuse & Neglect Injury Attorneys in California

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Elder Abuse, Neglect, and Negligence at Windsor Chico Creek – The Story of Owen Lavis

Elder Abuse, Neglect, and Negligence at Windsor Chico Creek – The Story of Owen Lavis

A code of ethics is the bond holding society together – away from harmful actions such as elder abuse and neglect.

Even though breaking the code of ethics can cause emotional and physical harm to others, it unfortunately can often be ignored and taken lightly at long-term care facilities. As a result, such cases of negligence have increased.

Below is one such story about Elder Abuse, neglect and Negligence at Windsor Chico Creek Care and Rehabilitation Center. Please note: the names have been changed for privacy reasons.

In October of 2021, Owen Lavis had suffered multiple seizures that landed him at UC Davis Medical Center. There he spent three months in a coma receiving treatment. During this time, a tracheal and feeding tube was placed in him as a form of treatment therapy.

Once Owen was out of a coma, he was transferred to Vibra Hospital of Sacramento, where the doctors removed the tracheal tube and retained the feeding tube for feeding purposes.

This is where the trouble begins.

He was then placed in Windsor Chico Creek Care and Rehabilitation Center on December 2nd, 2021 to continue his rehabilitation. Owen and his family were promised by Windsor that a care plan would be developed to ensure his health and safety, however they never received one.

The hospital had complained that Owen was pulling out his feeding tube and had to be taken to Enloe Medical Center frequently to have it replaced. However, according to Owen, the feeding tube fell out because he had fallen off the bed.

The family and friends had no prior knowledge of Owen’s fall; they only learned about it after questioning the staff. To add insult to injury, no one even knew how long he was on the floor for!

Moreover, the family found out that Owen was tested for Tuberculosis without the authorization from his decision maker. In their defense, the staff stated that the patient had recent exposure to TB, however it was never proven that this was the case.

Every time Owen’s feeding tube fell out, he would be taken to Enloe Hospital to have it replaced. Windsor Chico Creek continually blamed Owen for pulling it out, however due to his condition the family felt that it would not be possible since he could hardly move.

After returning from Enloe Hospital on December 23rd, 2021, his condition worsened, and he started to deteriorate again. He looked fragile and could not even speak.

On December 31st, 2021 he was again sent to Enloe Hospital, where the hospital confirmed that he had signs of severe dehydration and malnutrition do to a complete lack of hydration and not being fed. He was treated and responded well to medication, so again he was brought back to Windsor.

After one week at Windsor, Owen’s condition worsened. On Friday, January 7th, 2022, Mrs. Lavis, visited the facility and found him unresponsive. She acted fast and notified the facility staff to call an ambulance for Owen to be rushed again to Enloe Medical Center, where he was diagnosed again with severe dehydration, malnutrition, respiratory infection, and not getting his prescribed medications.

On January 21st, 2022, Owen was transferred to UCSF in San Francisco to receive further treatment, after which he was returned to Enloe Medical Center where he remains as of February 9th, 2022.

According to Federal Statute 42 CFR 483.10 (g) (2) (ii), the facility was supposed to provide medical records as requested by Owen’s wife on 1/18/22 – the facility would not accept the request. The facility only offered its own prepared form for copies of medical records.

On 1/25/22, she delivered the signed request for medical records. Under Federal Code, she should have received the records no later than Friday, 1/28/22. However, as of 2/9/22, no documents have been provided; a clear violation of the Federal Statute.

There are also allegations that the facility was understaffed the whole time Owen was a patient at Windsor, indicating that there may be others experiencing similar Neglect and Negligence.

The Sad Truth About Elder Abuse and Neglect

What happened to Owen is just one case of neglect and negligence at a care center. The sad truth is that situations such as this happen all the time.

It’s important that every patient and their family is aware of their rights and how to take appropriate action when their rights are violated. Taking appropriate action can work to save the life of the ones you love and help prevent similar things from happening to others.

Take Action Against Elder Abuse

Have you experienced elder abuse, neglect, and/or negligence at a nursing home, assisted living facility, or other long-term care center? If so, you are not alone. The Peck Law Group has over 45 years of experience in helping victims of elder abuse and neglect attain justice that they so deserve.

Contact the Peck Law Group today for a free case evaluation [email protected] 866-999-9085 and learn more about the steps you can take to hold long-term care facilities responsible for the injuries your loved ones have incurred.

About the Author

Attorney Steven Peck has been practicing law since 1981. A former successful business owner, Mr. Peck initially focused his legal career on business law. Within the first three years, after some colleagues and friend’s parents endured nursing home neglect and elder abuse, he continued his education to begin practicing elder law and nursing home abuse law.


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