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Lawsuit Against Escondido Nursing Facility

Garcia & Artigliere

As published in Escondido Times-Advocate, we filed a lawsuit against Oakmont of Escondido Hills on behalf of Naomi Davis for dependent adult abuse, and negligent hiring and supervision.

Davis was admitted to the locked/secure Memory Care Unit in the facility due to a prior 5150 psychiatric hold at a hospital and to receive specialized services, including trained staff able to care for residents with behavioral needs. It’s alleged that during Davis’ residency, the facility consistently withheld required care and services which led to her suffering multiple severe falls, UTIs, and pneumonia, becoming increasingly agitated and having combative, physical altercations with staff and other residents, among other injuries.

“As a Residential Care Facility for the Elderly, Oakmont of Escondido Hills was legally required to not only conduct assessments of high fall risk residents but also to update the assessments as frequently as necessary to determine the specific interventions that should be put in place to prevent a resident from suffering further falls,” said Attorney Stephen Garcia. “These interventions include lap buddies to prevent one from falling out of a wheelchair, hip guards, bed alarms and low beds to mitigate the impact of falls out of bed. It’s alleged the facility did not provide any such services or interventions to Naomi and as a result, she was forced to suffer unjustifiable pain and suffering for years. The facility knew that non-compliance with regulatory requirements would result in a high probability of harm to residents, including Naomi, but nonetheless, consciously disregarded these requirements and exposed her to extreme health and safety hazards.”

Davis was eventually admitted to a different facility and never returned to Oakmont of Escondido Hills. After leaving Oakmont of Escondido Hills, Davis has not experienced any fall incidents. Her memory has also returned and she is again able to recognize her family.

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