Skilled Nursing Facilities Can Not Close Their Eyes to Abuse and Neglect of Elders and Dependant Adults

Written by Adam Peck Category: Decubitus Ulcers, Pressure Sores and Bed Sores March 27th, 2013 4 min read

The business of operating a nursing home facility is a specialized activity. Its residents are in need of special care for many reasons. Some are mentally alert, but their bodies are frail or weak. Others are the opposite. Some suffer from both, and many elders and dependent adults may fall under either category.

All must depend upon others to sustain their lives in as dignified and comfortable a manner as possible. They are completely dependent upon the employees of the nursing home, who are supposed to be guided and directed by the nursing home’s supervisors. Federal and state governments recognize these special needs and provide billions of dollars for the care of many of the residents and attempt to strictly regulate nursing home operations.

Debra Jones was totally dependent upon her skilled nursing facility for every aspect of his care for he was frail of both mind and body. she was unable to meaningfully protest about any mistreatment. Perhaps she did muster enough strength to protest at one time, but that was suppressed with restraints. Instead she cried. Perhaps she cried in protest; perhaps she cried in pain because preventable bedsores developed to the stage that portions of his bone structure were destroyed.

this skilled nursing facility attempts to evade punitive responsibility for the deplorable treatment of Debra Jones at its facility by arguing that its managing employees knew nothing of the abuse for which it admitted liability. It says that its managing officers did nothing to inflict the abuses, did not know of them, and were not negligent in any manner. Therefore it argues that it cannot be held responsible under either theory of corporate liability for punitive damages. But this skilled nursing facility cannot escape responsibility by managing its facility with managers who close their eyes, refuse to hear, and dull their sense of smell. Certainly, the facility’s managing agents should not be charged with knowing every isolated event that occurs, but the events surrounding Debra Jones were not isolated. Debra Jones was a resident of this nursing home for a year and had been removed to a hospital for treatment of bed sores incurred in its facility. the skilled nursing facility’s administrator testified that she had not been familiar with Debra Jones’ plight. Surely she was familiar with the rapid transformations to neatness and cleanliness when a state inspection was imminent.

She testified that she was aware of the incompetency of the director of nursing in “managerial organizational skills.” It is difficult to imagine that an employee with managerial responsibilities either knew of Debra Jones’ plight and failed to take any action to assist this totally dependent human being or so totally ignored the operation of the nursing facility that Debra Jones’ plight went unnoticed. Either situation exhibits a reckless disregard of human life or of the safety of persons exposed to its dangerous effects, or reckless indifference to the rights of Debra Jones for whom the nursing home was being compensated for every detail of sustaining her life in the most dignified and comfortable way possible. Debra Jones’ life expectancy and joy of living were not great because of the illnesses he suffered before he entered the facility, but no one expected upon her entrance that those who were being paid to sustain her life in as much comfort as possible would violate the rights prescribed by statute to the point that she would die from bedsores rather than his other, more life-threatening illnesses.

The PECK LAW GROUP specializes in personal injury matters relating to Serious and Catastrophic Injury, Nursing Home Abuse and Neglect, Bed Sores, Decubitus Ulcers, and Pressure Sores, Medical Malpractice, Surgery Errors, Traumatic Brain Injury, Birth Injury and Wrongful Death that are determined to be a breach of the standard of care. Our experts and our attorneys have superior knowledge and know how in handling these type of matters from inception to Trial if need be. You will receive superior representation and of course the best possible result based upon our know how and expertise.

Call us Now. THE PECK LAW GROUP In Southern California at (818) 908-0509; In Northern California at (925) 808-5708; or all across the United States toll free at (866) 999-9085

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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.