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February 22, 2008 — Multiple lawsuits have been filed in Santa Barbara Superior Court against California nursing home Mission Terrace, and the California assisted living facility Cliff View Terrace, for elder abuse, neglect, and suspected record tampering. On January 16th, elder abuse cases were filed against the parent company, Cliff View Terrace, Inc., on behalf of two residents, Sylvia Saucedo and Judith Fortmeier, after both were found with unexplainable, severe injuries.
Allegedly, Ms. Saucedo, age eighty–two, was found by Mission Terrace staff with large bruises on the left side of her face, possibly after taking a bad fall. Although her condition continued to worsen, the California nursing home kept Ms. Saucedo for two days before finally transferring her to the hospital after her family insisted on a proper medical evaluation.
A lawsuit alleging elder abuse was filed on behalf of Ms. Fortmeier, a resident of Cliff View Terrace, after she died from injuries that allegedly occurred at the California assisted living facility. Ms. Fortmeier suffered from six broken ribs, a very serious injury, and told doctors and nurses at the hospital that she was pushed at the nursing home. According to the elder abuse lawsuit, three days later after being returned to the nursing home, Ms. Fortmeier was found by paramedics to be in terrible physical condition, dehydrated, and having trouble breathing. Unfortunately, Ms. Fortmeier later died as a consequence of complications from the injury.
Both lawsuits allege that different versions of Ms. Fortmeier’s and Ms. Saucedo’s resident charts exist. Allegedly, the families were given one version of the records, and their lawyer was given another. In addition, it is suspected that their medical records were possibly altered, and entries were made to the charts, days after events occurred. Interestingly, this is not the first incidence of possible record tampering. In an earlier lawsuit filed against Mission Terrace on behalf of Mr. Pafield, allegations were made that entries had been added to his charts after his death to conceal flaws and serious care deficiencies in the California nursing home. Mr. Pafield had been admitted into Mission Terrace with an infected toe ulcer, expecting a short stay. Sadly, five days later he was found dead.
Nursing home abuse is a problem that has too often escaped meaningful attention and should no longer be ignored. Elderly loved ones frequently do not get the attention or quality care they deserve. Although many facilities provide excellent care, there are still plenty that are often understaffed. Frequently, nursing home abuse occurs when nursing home employees are badly trained, underpaid and overworked. Many nursing homes fail to provide even the most basic care, leading to serious injuries, and even death.
As our parents and grandparents grow older, nursing home abuse will become a concern for many of us. Identifying potential nursing home abuse requires careful monitoring of our loved ones and the assisted living facility. Nursing home residents often have limited abilities to communicate, and are more susceptible to becoming a victim of elder abuse and nursing home abuse. Elder abuse includes physical abuse, sexual abuse, emotional abuse, neglect and financial exploitation. When you visit your loved one in the nursing home, look for signs of abuse, and if you see signs of abuse, don’t be afraid to report it.
If you are concerned over possible neglect or abuse of a loved one, start by documenting your complaint and expressing your concern to the care facility and its supervisors. In many cases, you may have to go outside the long–term care system for help with a complaint about an elderly relative’s care in a nursing home, residential care or assisted living facility. Ombudsmen, state agencies and Adult Protective Services can all be of assistance.
If these routes have failed, your best recourse may be to get professional legal help. Although no case has guaranteed results, a good attorney can often cut through red tape and get better responses concerning the care of an elderly relative. See Elder Abuse and Neglect Cases for more information.
At Brayton Purcell, we are concerned with the level of care in nursing homes. We can help you with problems such as nursing home violations, nursing home abuse and inadequate pain management issues. If you have questions about a nursing home and your legal rights, or the rights of an elderly loved one, please contact us for more information.
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