$650K Settlement Obtained in Elder Abuse Lawsuit Against a California Residential Care Facility

Garcia & Artigliere elder abuse attorneys Stephen M. Garcia and Rosalie Baladejo prevailed in reaching a $650,000 settlement on behalf of their elderly client A.N. who suffered fecal impaction and bowel obstruction that led to septic shock and his untimely death while he was a resident at a California Residential Care Facility for the Elderly (RCFE).

Upon A.N. being admitted to the facility, staff knew he was at high risk for constipation and required close monitoring and care for his skin to avoid the development of pressure sores. Despite this, staff consciously disregarded A.N.’s worsening symptoms and failed to provide the level of care and close supervision he required. As a result, A.N.’s medical conditions became so severe that he suffered septic shock and ultimately died from his ailments.

RCFEs such as A.N.’s facility do not provide medical care to their residents, and in fact, cannot do so pursuant to applicable statutes and regulations. Because an RCFE is not a medical facility, California law prohibits an RCFE from admitting or retaining anyone who requires a level of care beyond that which may be provided in the non-medical facility. In addition, an RCFE is prohibited from accepting and retaining a resident who requires 24-hour, skilled nursing or intermediate care. The facility disregarded these laws simply so they could receive more cash by admitting A.N., then failed to provide him with necessary care which led to his injuries.

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.