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Lawsuit Filed: Dependent Adult Man Undergoes Leg Amputation

Garcia & Artigliere

Redlands, Calif. — Naser Parsa, a dependent adult, was admitted to Asistencia Villa Rehabilitation and Care Center for rehabilitation therapy in June 2015 after undergoing a pacemaker placement operation, and to address significant medical conditions which rendered him particularly susceptible to the development of pressure sores and infections. Unfortunately, Asistencia did not provide this required care and compounded the failure by thereafter fraudulently concealing the fact that as the result of the reckless neglect of Asistencia, Parsa had been allowed to develop horrific pressure sores. In fact, the sores were not discovered until Naser was discharged from the facility and a wound care nurse at a subsequent facility discovered a gruesome wound on Parsa’s left heel under unnecessary bandaging allegedly applied by the facility. The wound was black in color and emanated a foul odor. Parsa was immediately sent to Redlands Community Hospital, where it was discovered that he had developed gangrene and subsequently underwent amputation of his left leg.

Garcia & Artigliere filed a lawsuit against Asistencia Villa Rehabilitation and Care Center for elder abuse, and negligent hiring and supervision.

“Over the course of Naser’s stay in the facility, the staff flat out ignored his needs and wrongfully withheld required services required by the standard of practice,” said Attorney Stephen Garcia. “Naser’s issues predictably compounded when the facility failed to report and respond to his emerging signs of infection in the entirely avoidable pressure sores. Had the facility staff provided services to avoid the very injury they were hired to prevent, Naser would not have endured the loss of his left leg.”

Allegations and Background

The lawsuit contends that rather than provide required care to address the very conditions for which Parsa was transferred to Asistencia Villa Rehabilitation and Care Center, over the next eighteen months, on a daily, weekly, monthly and systematic basis, the facility simply ignored his needs and withheld required care.

This withholding of care included failing to ensure that Parsa’s need for constant attention and care for his skin via interventions, such as turning and repositioning his body at least every two hours to relieve pressure on his bony prominences; failing to ensure that Parsa was being provided with pressure-relieving devices, such as gel-overlay mattresses to prevent skin breakdown; failing to ensure that Parsa was clean, dry and free from feces and urine at all times to prevent pressure sores; failing to ensure that Parsa was properly hydrated and received sufficient nutrition to fight off the development of pressure sores; failing to ensure that staff provided Parsa with care and interventions, which were called for by the facility’s Care Plan and physician orders and assessments; failing to notice, report and respond to emerging signs of infection in the avoidable pressure sores; and other negligent acts to be proved at the time of trial.

In fact, pursuant to the last filing submitted by the facility with the State of California’s Office of Statewide Health Planning and Development for a reporting period through December 31, 2016, it’s alleged that the facility either siphoned off $196,497 in payments to or for management fees as it relates to the facility managing itself, or that the facility paid $196,497 to the facility’s management company for the provision of limited to no services. This was a mechanism by which management controlled the actual fiscal operations of each of their skilled nursing facilities. Further proof of this is that while the facility allegedly paid almost $200,000 to management for no specific services provided, they allowed themselves to only have $43,209 in net income for the same reporting period. Clearly, management decided when and where the money of the facility would go, not the facility. The lawsuit asserts this misconduct played a part in the underfunding of the facility, which led to the facility violating state and federal rules, laws and regulations, and ultimately the wrongful withholding of required care to Parsa.


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