elderly woman looking out a windowIn a recent Orange County elder abuse case against a Fountain Valley nursing facility, the plaintiff’s lawyer stated that “A nursing home is supposed to create a care plan which addresses the needs of the patient. That’s the nursing home’s obligation.”  Wrongful death specialists Berkowitz and Hanna LLC would concur and further point out that instances of nursing home negligence are becoming more commonplace as a large percentage of the American population is aging.

73-year-old Arlayne Hoover was admitted to ManorCare Health Services on November 15, 2014, for rehabilitative care after being treated for cellulitis at a Newport Beach hospital.  Hoover had a history of falling and suffered from a number of health issues, including scoliosis and osteoporosis.  She underwent surgery six months earlier – to remove cancer from her legs.  The surgery and multiple falls left her leg brittle and she was considered a “High fall risk”, which meant that she would require vigilant assistance to walk around the facility. In December, Hoover fell twice while trying to go to the restroom.  According to the lawsuit, she tried calling for help but the staff did not respond and, on December 30, she had to call paramedics herself – to take her from ManorCare Health Services to a local hospital where she was treated for a fractured leg. She was transferred back to ManorCare, where she started exhibiting signs of dementia and leg pain. In early January, she was discharged from the facility and sent to hospice care, where she died six days later. Hoover’s family is charging ManorCare Health Services with elder abuse, negligence, fraud and wrongful death. The facility denies any wrongdoing.

The suit is seeking general, special and punitive damages, notes the firm.

Note: We did not represent any of the parties in this case.

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