California Nursing Home Case Alleges Negligent Injuries to Resident, Then Wrongful Discharge

162017_132140396847214_292624_nA California nursing home case filed on April 4, 2016 by a former nursing home resident alleges that the defendant nursing home committed elder abuse, nursing home negligence, financial abuse, and was negligent in its hiring and supervision of its nursing home staff.

The now 60-year-old former nursing home resident has been living at home since being wrongfully discharged from the nursing home on March 11, 2016. He is now being taken care of by his spouse except for the one-day-per-week that they can afford for home health care because their insurance will not pay for further assistance due to a letter written by the nursing home to their insurance company.

What Happened?

The man was transferred to the California nursing home for rehabilitation care and physical therapy services following the surgery he had in September 2015 for a fractured right leg suffered as a result of a fall. The man also has diabetes and suffered from nerve damage at the time of his nursing home admission.

When the man became a resident of the defendant nursing home, he had a cast of his right leg that was not removed and replaced with a leg brace until January 11, 2016. He also had a history of falls and required assistance with his activities of daily living at the time of his nursing home admission.

The nursing home lawsuit alleges that the nursing home staff applied the leg brace with too much force that was so tight that the man developed a pressure ulcer on his leg.

In February 2016, the man was placed on a new physical therapy machine that allowed him to take seventeen steps. During his second treatment on the new physical therapy machine, the nursing home lawsuit alleges that an improperly trained nursing home staff member tightened the belt too tight, which broke off his catheter.

The nursing home lawsuit alleges that the defendant nursing home devised a scheme to hide the cause of his injury and schemed to have the man removed from the nursing home by writing a letter to the man’s insurance company, fraudulently stating that the man was refusing physical therapy, was not making progress during physical therapy, and that he would benefit from outpatient therapy. Based upon its receipt of the nursing home letter, the man’s insurance company terminated his insurance coverage and refused to pay for continuing care at the nursing home.

The defendant nursing home then told the man that if he failed to write a check to the nursing home for $40,000, he would be removed from the nursing home. On March 9, 2016, the nursing home telephoned the man’s wife and advised her that if she failed to pay the nursing home $17,000 within two days, her husband would have to leave the nursing home, according to the nursing home lawsuit.

The plaintiff’s lawyer is seeking an expedited trial date due to the man’s medical condition.


If you or a loved one suffered serious injury or death while a resident of a nursing home in California or in another U.S. state due to nursing home neglect, nursing home negligence, or nursing home abuse, you should promptly find a local nursing home claim lawyer in your U.S. state who may investigate your possible nursing home claim for you and file a nursing home claim on your behalf, if appropriate.

Click here to visit our website to be connected with medical malpractice lawyers (nursing home claim lawyers) in your U.S. state who may be able to assist you with your nursing home claim, or call us toll-free in the United States at 800-295-3959.

Turn to us when you don’t know where to turn.

This entry was posted on Saturday, April 30th, 2016 at 5:18 am. Both comments and pings are currently closed.


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