Legal Question in Elder Law in California

Elder Care

My mom had been transfered to an Acute Center. The lack of care given was unbelievable. Her medicine had not been taken, her breathing tube was found behind her head, she wasn't eating. Her doctor left orders allowing us to visit anytime.

My sister showed up at 8:00 to feed her but was demanded to leave. At 11:00 my aunt found her not breathing. By the time the fire depart reached her, there was nothing they could do. The head admin lied saying 10 min. prior that she was okay. My aunt had been there for almost 25 mins.

We feel the facility was wrong in caring for her and dening us our last moments with our mom. What can we do about the irresponsibility?


Asked on 3/07/03, 11:09 am

3 Answers from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: Elder Care

first of all, i am so sorry to hear about your mother. you should probably initiate a wrongful death suit against the nursing home premised on negligence. if you would like further legal assistance on this matter, email me with more specific facts as to what happened exactly.

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Answered on 3/07/03, 1:26 pm
Terry A. Nelson Nelson & Lawless

Re: Elder Care

With those facts, you have wrongful death, negligence, emotional distress and other causes of action in a lawsuit. If this occurred less than a year ago, contact me if you are interested in discussing it.

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Answered on 3/07/03, 4:02 pm
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Elder Care

I am sorry to hear this happened. You should meet with an elder abuse/personal injury attorney regarding any possible action against the facility. Any recovery would depend on the facts of the case and whether the facility met the standard of care for the industry--missed medication and lack of measures to insure lifesaving machines stayed in place may very likely be outside that standard of care the facility should follow.

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Answered on 3/07/03, 4:51 pm


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