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Lawsuit Filed: Elderly Woman Suffers Injuries, Dies at Rehab Facility

Garcia & Artigliere

Los Angeles, Calif. – Rosemarie Moore, a 76-year-old woman with a history of hip and knee surgeries, was admitted to Oakhurst Skilled Nursing & Wellness Centre for rehabilitation following hospitalization for a fracture caused by a fall at home. Moore’s overall mobility was limited and she posed a high risk for additional falls, thereby requiring special care and attention particularly to prevent deadly falls. In one month of her residency in the facility, Moore allegedly suffered preventable and rapid decline until she was transferred to St. Agnes Hospital where she was discovered with an infected, foul-smelling Stage IV coccyx wound exposing bone. Moore was also discovered with an unexplained leg fracture and based on these horrific injuries, did not return to the facility. The lawsuit asserts that the facility’s violations of applicable regulations, standard of care, and conscious disregard for Moore’s health, led directly to her injuries and untimely death.

Garcia & Artigliere filed a lawsuit against Oakhurst Skilled Nursing & Wellness Centre for elder abuse, and negligent hiring and supervision.

“Rosemarie’s injuries were not the product of isolated failure but rather the result of prolonged neglect and abuse at Oakhurst Skilled Nursing & Wellness Centre,” said Attorney Stephen Garcia. “The facility’s chronic understaffing, ongoing practice of hiring and retaining unfit staff and inability to meet the needs of the existing resident population are apparent tactics to increase profits at the expense of patients’ health and safety. This lack of care and purposeful negligence is completely unacceptable and must be stopped to prevent further resident injuries.”

Allegations and Background

On or about June 16, 2015, Moore was admitted to Oakhurst Skilled Nursing & Wellness Centre and it’s alleged the facility was aware of her significant medical conditions requiring maximum to total assistance with activities of daily living, as well as an individualized care plan to address high risks of developing pressure sores and suffering falls.

According to the lawsuit, the facility failed to provide Moore with the medical and custodial care that she required, including leaving Moore in her own urine and feces for extended periods of time, failing to provide adequate and proper personal hygiene, failing to turn and reposition Moore in bed to relieve pressure from bony prominences and failing to provide her with adequate nutrition and hydration to stave off skin breakdown.

Evidently, no one from the facility informed Moore’s family, physician or legal representative about her horrific pressure sore or leg fracture, or what was being done to treat them. In an unfortunate effort to cover up the facility’s failure to provide required care, nurses simply concealed these conditions and untruthfully stated that nothing was wrong. As a result of the facility’s negligence, Moore was allowed to suffer avoidable injuries which led to her death on March 11, 2016.


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