Atascadero Nursing Facility Sued for Wrongful Death

Atascadero, Calif. — After suffering a hip fracture, Leo Paul Landry was transferred to Country Care Convalescent Hospital for rehabilitation and long-term care. However, instead of receiving the care he was promised, Landry suffered multiple injuries, which eventually led to his death as a result of the facility’s negligence.

“The facility warranted that they were aware of Leo’s condition and were sufficiently equipped to manage his care,” said Attorney Stephen Garcia. “However, the facility made promises knowing that once Leo was admitted into the facility, he was nothing more than a source of revenue and the promises would not be kept—and they most assuredly were not kept. The conduct of Country Care was and is shameful.”

Garcia & Artigliere filed a lawsuit against Country Care Convalescent Hospital for elder abuse, negligence, negligent hiring and supervision, and wrongful death. The lawsuit alleges that Landry was admitted into the facility with a known history of falls, a hip fracture, dementia, and the use of psychotropic medications. When the facility received Landry they were fully aware of his conditions and knew that he would require assistance with all activities of daily living.

One of the primary reasons that Landry was admitted into the facility was to protect him from falls and to properly assist him with transfers and ambulation. His dementia caused him to lose balance, and the medications he was taking caused him to be disoriented, both of which were contributing factors to his high risk for falls.

Both Landry’s children and medical documents issued concerns related to Landry’s propensity to wander when left unattended. However, the facility and staff disregarded these warnings and wrongfully withheld care and supervision from Landry. In September 2014, when Landry was left alone, he sustained a fall that resulted in a femur fracture.

Landry was transferred to the hospital, where he underwent surgery. Unfortunately, he experienced pain and difficulty walking from this point forward, leaving him increasingly more bed- and wheelchair-bound. In addition to his decreased mobility, he also began developing urinary tract infections which, when combined with his dementia, made him more confused and at an even greater risk of falling.

By April 2016, Landry’s immobility caused by his leg fracture, dementia, medications and infections caused him to sustain several more falls that the facility had reported were without injury. On April 29, 2016, Landry developed a high fever and was sent to the hospital. He returned to Country Care Convalescent Hospital the same day with the diagnosis of pneumonia.

Landry’s condition worsened; he began experiencing severe shortness of breath and difficulty breathing, yet the staff did not report his change in condition. Rather than take appropriate action, staff members injected him with morphine. He died shortly after receiving the shot.