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Garcia, Artigliere & Medby Files Lawsuit Against Two Hospitals

Garcia & Artigliere

Suit against Lodi Memorial Hospital and Gross Convalescent Hospital alleges severe undertraining and understaffing led to serious injuries and death of patient

SAN JOAQUIN, CA – Elder abuse law firm Garcia & Artigliere filed a lawsuit against Lodi Memorial Hospital Association, Inc. and Gross Convalescent Hospital alleging elder abuse, negligence, negligent hiring and supervision, fraud and wrongful death on behalf of Doris Scorpiniti, brought by and through her successors in interest.

The complaint alleges that Ms. Scorpiniti suffered a preventable fall while in the care of Lodi Memorial Hospital and did not receive the proper post-fall treatment, and that during her recovery at Gross Convalescent Hospital, she sustained serious, but avoidable, injuries including ulcers, malnutrition, and dehydration which ultimately led to her death. The complaint also alleges the defendants engaged in a pattern of fraudulent activity to hide the adverse events and sought to maximize profits through rampant undertraining and understaffing of each facility.

“The defendants were beyond negligent in their care for Ms. Scorpiniti, withholding the most basic care she was entitled to under the law,” says Stephen M. Garcia, founding partner of Garcia & Artigliere. “They had no regard for the patient when they were fully aware that she needed a specialized level of care. Unfortunately, this is another tragic instance of health care facilities placing profits over people.”


Ms. Scorpiniti was admitted to Lodi Memorial Hospital on May 16, 2014 for obstructive pulmonary disease and shortness of breath. On May 26, 2014, Ms. Scorpiniti called several times for a hospital attendant to assist her to the restroom from her bed. When no one came to her room, she was forced to go on her own. Consequently, she slipped on the wet bathroom floor and was left unattended and without response for more than 20 minutes.
Rather than providing the proper post-fall treatment, she was placed back in her bed to endure the pain from her fall and was discharged the next day with pain medication. Two days later, she was readmitted to the hospital via ambulance due to excruciating pain in her lower back resulting from the fall. An x-ray revealed a near complete collapse of a vertebra in her back.

On June 4, 2014, Ms. Scorpiniti was admitted to Gross Convalescent Hospital for recovery where she developed severe and avoidable pressure ulcers, dehydration, malnutrition, infection, bruising, cuts, and fingernail print marks on her chest, neck, and arms as a result of gross negligence of the staff and severe understaffing. In addition, her valuable wedding band and ring went missing and have never been recovered.
On July 10, 2014, Ms. Scorpiniti passed away from her injuries.


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