In January 2022, the Peck Law Group and Foundation Aiding the Elderly (FATE) filed an official complaint on behalf of a decedent that was in an assisted living facility in Los Angeles. This former patient suffered extreme nursing neglect, including severe bed sores, dehydration, sepsis, and malnutrition, during his less than two-year residency at the assisted living facility, Windsor Care Center of Cheviot Hills.
In the State of California, if an elderly loved one passes from pain and suffering due to negligence in a nursing home, surviving family members can file a wrongful death lawsuit against the at-fault nursing facility.
In this case, the elderly resident had a full knee replacement surgery and was placed in Windsor Care Center for rehabilitation. When the elderly resident entered Windsor Care Center in December of 2018, he had clear skin and was beginning the recovery process.
However, throughout 2019, the elderly resident would suffer from severe dehydration, colon inflammation, and uncontrollable blood pressure. He would be sent to nearby hospitals in Southern California for treatment, then return to the Windsor facility.
During the ensuing months, the elderly resident relayed to his daughter that he used his call button for nursing staff to come and clean him. He also shared that a nursing assistant turned off his call button, stating they would return shortly. The elderly resident waited between two and three hours for nursing staff to return and clean him, and he developed bed sores during that time.
In March of 2020, the elderly resident’s daughter was unable to visit him at the assisted living facility due to COVID-19. Her father developed a serious condition that was left untreated for three days. The facility failed to notify the resident’s family, as well as the nursing staff and attending physician, about a significant change in his condition.
During this time, the Windsor care staff failed to notify the decedent’s family and physician about other changes in his condition.
In mid-May of 2020, the elderly resident’s daughter called Windsor and spoke to the charge nurse, who assured her that her father was fine and tested negative for COVID. However, the nursing facility failed to mention that her father had pneumonia.
A few days later, the elderly resident’s daughter received a call that her father was unresponsive. He would be taken to a nearby hospital, transferred to the ICU, and later, the CCU. In late May, her father tested positive for COVID and soon passed away.
Note that an initial complaint about this case resulted in Windsor receiving Federal Tag deficiencies for failures to revise the patient’s care plan, notify the physician of certain conditions, ensure medications were administered, and ensure the patient was free of significant medication errors.
The issued Federal Tag deficiencies made headway for this case, but justice for the decedent and his family continues to be imperative.
Due to the assisted living facility’s reckless negligence, lack of quality care, and insufficient staffing, the Peck Law Group, APC, will continue to advocate for the decedent and his family.
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.