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Garcia & Artigliere Represents Family of 65-year-old Cancer Patient in Wrongful Death Suit and Survival Claim

Garcia & Artigliere

The firm’s lawsuit, filed in CA Superior Court, alleges neglect at Hawthorne Healthcare & Wellness Center, LP led to the catastrophic hip injury and death of a 65-year-old man with esophageal cancer.

In December of 2018, a 65-year old man was hospitalized at Providence Little Company of Mary (LCOM) Torrance for stage IV cancer of the esophagus. Before receiving chemotherapy, he was admitted to Hawthorne Health & Wellness Centre, LP, herein known as the facility. Staff at the facility allegedly promised the patient’s family that he would receive the care and services he required and deserved.

Unbeknownst to the plaintiffs, the facility was understaffed in terms of number, training, and competence, according to the complaint, which also alleges understaffing and lack of training were part of a financial plan and scheme. The complaint also alleges that managers of the facility were attempting to cut costs and increase revenue, all while exhibiting relentless marketing and sales practices and moving funds through a series of shell companies and outrageous payments. For example, the facility paid about $747,370 in “rent” to Hawthorne-Let, LP, an amount that is well above market value and wrongfully enriched the managers of the facility.

Upon his admittance, defendants also knew or should have known about the patient’s high-risk for injury during transfers. As a result, he should have received 24-hour supervision, assistance, and monitoring and been transferred using only safe transfer techniques. On Dec. 23, 2018, however, the plaintiff was allegedly transferred from a gurney to his bed via staff holding the corners of his bedsheets and “flipping” him onto the bed. Immediately after this unsafe transfer, the patient yelled in pain. He told staff members that his hip hurt and that something was wrong, and he asked to go back to the hospital. Staff allegedly denied his requests, failed to call 911, and did not allow the patient access to a phone. They also neglected to notify his family.

After a night of needless pain and suffering, the patient’s friend came to visit him at the facility. Her visit was denied, but she pushed past staff when she allegedly heard him screaming for help. The patient’s visitor called 911 herself and he was transferred back to LCOM with a catastrophic hip fracture.

Approximately 25% of elderly patients die after receiving a hip factor, and unfortunately, the now-deceased plaintiff was no exception. He underwent surgery on Dec. 26, 2018, and passed away on Jan. 12, 2019.

The complaint against the facility and its managers alleges that the patient’s devastatingly preventable injuries caused or contributed to his death.

Garcia & Artigliere is requesting damages on the decedent’s behalf, as carried out through his Successor in Interest, as well as compensation for the loss of society, comfort, attention, and love suffered by his family members.

If you have any information about this case or need help filing a similar lawsuit, please contact Garcia & Artigliere at (800) 328-2630 or request a free consultation online.

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