Garcia, Artigliere & Medby Files Lawsuit Against Westside Health Care

Garcia, Artigliere & Medby has filed a lawsuit against Westside Health Care, LLC and Trinity Nursing Home Management for elder abuse, negligence, negligent hiring and supervision. The lawsuit alleges that Westside Health Care neglected to properly care for Howard Palmer Sr., causing him to suffer preventable falls, a vertebrae fracture, bruising, pneumonia and multiple pressure ulcers.

On August 7, 2014, Mr. Palmer was transferred to the facility from West Los Angeles Medical Center after being hospitalized for weakness and trouble breathing. Mr. Palmer also suffered from other conditions, including diabetes, pulmonary disease, congestive heart failure and forgetfulness. In addition to his myriad health issues, Mr. Palmer required periodic oxygen, assistance walking and weekly dialysis. The staff was well aware of Mr. Palmer’s condition and knew he required maximum assistance with all activities of daily living.

“The facility had an utter and disgraceful disregard for the well-being of Mr. Palmer,” said attorney Stephen Garcia. “Staff knew that Mr. Palmer was a risk for injury and jeopardized his health by failing to provide him with proper care.”

During Mr. Palmer’s fifteen-day residency at the facility, his family visited several times per day. Each time, they noticed that staff failed to reposition Mr. Palmer’s body every two hours as requested, and failed to inspect that he was free of feces and urine, provide proper hydration and deliver sufficient nutrition. There were numerous occasions when Mr. Palmer’s call light for assistance was on and it would take staff between 30 and 60 minutes to respond. Oftentimes, they wouldn’t come at all.

In an effort to conceal the wrongful withholding of required care, the staff never mentioned the pressure sores Mr. Palmer developed to his family, physician or legal representative. On August 21, 2015, Mr. Palmer suffered an unreported fall, was transferred to West Los Angeles Medical Center and was admitted with three bedsores, pneumonia, bruising and a vertebrae fracture. Staff members also failed to administer medications on a timely basis, which presented a risk to the health, safety and security of Mr. Palmer.