According to the Peck Law Group, APC, an Elderly resident’s stay at Redding Post-Acute Care Facility in California was allegedly far below the standard of care expected. In a formal written complaint lodged against the facility on July 21st, the care facility was accused of a laundry list of offenses, including:
- Elder Abuse (Failing to give medical care)
- Administering antipsychotics without informed consent
- Failing to administer doctor-recommended medications
- Failure to notify the responsible party of a change of condition
- Failure to maintain a clean environment
- Failure to produce complete copies of medical records
- Insufficient staffing
Here is more from the complaint:
A female patient was admitted to Redding Post-Acute in June of 2019. Since she suffered from dementia and kidney failure, her son and power of attorney (POA) signed her in. Unfortunately, the female patient allegedly suffered from elder abuse almost immediately upon arriving at the care facility. As a result of this alleged abuse, the patient was admitted to the hospital multiple times for UTI’s, septicemia, falls, and even a hematoma on her face, as shown in images her son took.
The hematoma to her head was treated at Mercy Hospital in November 2021. This type of mass of blood is known to cause damage to surrounding neural tissue. Although a nurse contacted the patient’s son to advise him of his mother being found unconscious, there were no medical records corroborating the story. In fact, the medical records produced by Redding Post-Acute indicated that the patient was not unconscious and that no one knew how long she had been on the floor. “This type of medical record recording is very common in Long Term Care”, says Steven C. Peck of the Peck Law Group, APC.
Emergency room records indicated that a Redding Post-Acute caretaker mentioned a recent fall that was also not included in the patient’s medical records. The patient’s son was not notified of this fall, which constitutes a failure to notify a responsible party. Steven Peck noted that “this is a clear violation of 42 CFR §483.10(g)(14)”. After the patient’s ER visit, the doctor prescribed antibiotics. Unfortunately, this medicine was never administered to the patient.
Informed consent refers to the communication from doctors to patients that explains the risks and benefits of taking a drug before prescribing it. During this patient’s stay at Redding Post-Acute Care, the patient’s son was not notified before she was administered black box drugs:
To make matters worse, the ER doctor noticed the patient had a mass on her thyroid that was not diagnosed by her attending physician at the care facility. “When medicine a patient needs isn’t administered, or if a resident fails to receive proper medical care, this is considered elder abuse”, states Steven Peck.
In December 2021, the patient suffered a mental breakdown that prompted her transfer to Shasta Regional Hospital for specialized care. Following her completion of treatment, Redding Post-Acute refused to accept the patient back in their facility. Instead, they suggested placing her into a facility in Los Angeles, California. This placement would place the patient hundreds of miles away from her family, which her son and POA refused. Consequently, when the patient was discharged, she went to live at home with her son.
Within a few days of being home, the patient reported suffering from debilitating pain and was vomiting. After a 9-1-1 call, she was admitted to Shasta Regional Hospital. Her doctors diagnosed her with pneumonia and found that she was septic. Following treatment, she was sent home to live with her son on hospice care.
It is believed that the patient’s condition was a direct result of the poor care conditions at the Redding Post-Acute care facility.
The lack of medical records or consent forms, poorly maintained bathrooms that promote infections, and conflicting reports about the patients’ mental clarity and overall well-being prompted this formal complaint. The Foundation Aiding the Elderly reached out directly to the care facility in support of the patient and filed it with the Licensing and Certification Program, Chico District Office in California.
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.