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Lawsuit Filed: Elderly Man with Dementia Suffers Avoidable Fall

Garcia & Artigliere

Los Angeles County, Calif. — Marvin Booth, an 89-year-old male with dementia, was admitted to Las Flores Convalescent Hospital because he could no longer care for himself at home. The Complaint alleges that despite the facility being fully aware of Booth’s condition, the facility simply took all the money it could charge and then refused to provide the care and protection they promised, which applicable regulations required and which the facility promised. And so predictably, shortly following his admission, Booth suffered a completely preventable fall, which resulted in a traumatic brain injury.

Garcia & Artigliere filed a lawsuit against Las Flores Convalescent Hospital for elder abuse, and negligent hiring and supervision.

“Las Flores Convalescent Hospital represented that it employed staff capable of providing Marvin with the medical and custodial care he required, and yet Marvin was allowed to suffer the very injuries the facility was supposed to protect him from,” said Attorney Stephen Garcia. “Even after his initial fall, it’s alleged the facility continued to blatantly disregard his needs and failed to create and implement interventions to prevent additional falls or the development of horrific pressure sores. Had the facility simply adhered to acceptable standards of practice governing the operation of a skilled nursing facility, Marvin could have avoided injury and unnecessary suffering.”

Allegations and Background

It’s alleged that Las Flores Convalescent Hospital failed to provide Booth with adequate interventions to address his poor safety awareness and high risk for falls, leading to his initial fall soon after he was admitted. Booth then developed worsening contractures before losing his ability to walk and also developed a fear of falling. This fear caused him to limit his activities which resulted in reduced mobility and directly heightened his risk to the development of pressure sores.

In or about May 2017, Booth developed multiple pressures on his body, including open areas exposing bone on his hips and coccyx area. By this time, the facility had still not provided Booth the air mattress and suspension boots requested by the family, despite his very high risk for pressure sore development. Soon thereafter, Booth developed pneumonia and was transferred to Gardena Memorial Hospital for treatment.

In or about late October 2017, Booth was transferred to Kindred Hospital and diagnosed with severe dehydration, sepsis, and organ failure. He was placed on strict contact isolation precautions and was discovered with multiple large pressure sores on his feet as well as unexplained bruising on his legs. The wounds exposed bone and were infected. At this time, Las Flores Convalescent Hospital had still not provided Booth with suspension boots.

The lawsuit asserts Booth’s injuries were entirely preventable had there been sufficient staff on duty, in both number and competency, to actually implement the protections required by the facility’s own Plan of Care, and physician orders and assessments.


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