Garcia & Artigliere elder abuse attorneys Stephen M. Garcia and Rosalie Baladejo obtained a $650,000 settlement on behalf of their elderly client who suffered severe injury as a result of a preventable fall that occurred while she was in the care of a Santa Monica Residential Care Facility for the Elderly (RCFE).
The Plaintiff, E.S., suffered from a degenerative muscle disease and lack of mobility upon the time of her admission to the facility in 2012. She had a history of falls and was designated as a high fall risk. In the seven following years, the Plaintiff suffered from several falls, and in 2019, she suffered a fall resulting in a fractured leg. She was then transferred to the care of a hospital.
Despite the fact that staff at the facility knew E.S. needed support due to being a high fall risk and because of her previous medical history, they failed to enact and maintain a proper care plan for her to prevent the risk and resulting injury. The facility had a duty to give her support which could be as simple as a lap buddy or hip guards and failed to even do that.
Further, because of the facility’s status as an RCFE, the staff there were unable to provide medical care to E.S. and other residents. Because the Plaintiff required a level of medical care beyond that which may be provided by a non-medical facility, the facility wasn’t eligible to admit the Plaintiff as a patient in the first place. However, they neglected this fact and as a result, the plaintiff suffered injury and harm while under the care of the facility.
If you or a loved one has been the victim of elder abuse, contact our attorneys at (800) 281-8515 for a free case consultation.
Stephen M. Garcia represents victims of elder and nursing home abuse and is known as one of the leading civil litigators in the country. He is Senior Partner at Garcia & Artigliere, where the firm’s practice is focused on elder abuse, nursing home abuse, and wrongful death of the elderly.
Find out more about Stephen M. Garcia