Lawsuit Filed: Elderly Man Falls Less Than Two Months After Admission to Orange County Facility

Orange County, Calif. — Constantino Dominguez, an elderly man, was admitted to Willow Creek Healthcare Center for rehabilitation and supervision for falls. Unfortunately, rather than providing Dominguez with the legally required level of care, Willow Creek Healthcare Center’s staff meaningfully ignored his needs, allowing him to suffer the very fall Willow Creek Healthcare Center was paid to prevent. As a result of Dominguez’s fall, he fractured his wrist, and unfortunately, was not a suitable candidate for surgery, leaving his hand and wrist permanently deformed.

Garcia, Artigliere & Medby filed a lawsuit against Willow Creek Healthcare Center for elder abuse, and negligent hiring and supervision.

“Constantino entrusted Willow Creek Healthcare Center with his health for the simple task of providing rehabilitative care and protecting him from falls,” said Attorney Stephen Garcia. “Instead, it appears that the facility’s staff substantially ignored his needs and withheld required care so as to allow him to suffer a preventable fall. The predictable result on this focus on profits over the needs of Willow Creek Healthcare Center’s residents resulted in the pain and anguish of a permanently deformed hand and wrist. Sadly, as is so often the case, these are the types of injuries which occur when a long term care facility prioritizes a goal of unlawful profit over legally required patient care.”

Allegations and Background

According to the lawsuit, Dominguez was taken to Clovis Community Medical Center for complaints of stomach pain and was admitted with a diagnosis of massive gastro-intestinal bleeding and tested positive for a history of strokes. A few days later, Dominguez was admitted to Willow Creek Healthcare Center for rehabilitation.

The lawsuit states that upon Dominguez’s admission to the facility, Willow Creek Healthcare Center’s staff were well aware through family information, physician notes and their own assessment information that Dominguez was a high risk to suffer falls and required special care, including 24-hour supervision, assistance with ambulation and the provision of safety devices to prevent accidents.

In late June 2017, it’s alleged that as the predictable result of Willow Creek Healthcare Center’s wrongful withholding of care, Dominguez suffered a fall at the facility, resulting in a fractured wrist. The lawsuit states that Dominguez was then sent to Clovis Community Medical Center, where it was determined that Dominguez was not a suitable candidate for surgery and informed that his hand and wrist would be permanently deformed.