Patient Dies at Bakersfield Nursing Facility Due to Negligence

Garcia & Artigliere filed a lawsuit in Kern County Superior Court accusing Corinthian Gardens Healthcare & Subacute Center located in Bakersfield, California, of elder abuse, negligence, negligent hiring and supervision, and wrongful death. Jose Olmos, a patient at the facility, was severely neglected and died as a result of malnutrition at the hands of the facility.

“The facility was aware of Jose’s condition yet was insufficiently equipped to provide him with the care he required,” said Attorney Stephen Garcia. “They made false promises and utterly ignored his needs.”

Mr. Olmos was first admitted into Corinthian Gardens Healthcare & Subacute Center in December 2013, with diabetes as well as a bacterial infection in his kidneys. On March 12, 2014, he was readmitted to the facility, suffering from the same medical conditions. Upon admission, Mr. Olmos was at a high risk of suffering from malnutrition, dehydration and weight loss. The facility and staff were well aware of this. Upon assessment, Mr. Olmos’ eating score was very low, meaning he required close supervision while eating.

As a result of the facility’s repeated failure to provide Mr. Olmos with required care, he suffered a dramatic loss of 11 percent of his body weight over a three-month period. This significant weight loss could have been entirely prevented had the staff simply provided Mr. Olmos with the nutritional care and supervision that he required. In January 2014, Mr. Olmos’ recorded weight was 128 pounds. In February, the facility failed to document his weight, and when they recorded it in March, Mr. Olmos weighed only 116 pounds. By April, Mr. Olmos weighed 113 pounds. During this period, staff members failed to inform Mr. Olmos’ physician about his weight loss.

As a result of the facility’s failure to provide Mr. Olmos the required nutritional care, he lost approximately 37 pounds in a six-month period. Rather than sit and feed him as protocol stipulated, the nurses at the facility refused and would just leave the tray of food in his room.

“The facility was responsible for Jose as care custodians,” Mr. Garcia added. “Instead, they neglected him and caused him to succumb to malnutrition and starvation.”

The facility continuously told Mr. Olmos’ family that he was doing just fine, while he was essentially starving. On July 14, 2014, Mr. Olmos passed away as a result of the continued neglect he received at the facility. At the time of Mr. Olmos’ death, the facility conspired and tried to fabricate his death certificate to cite cardiac arrest as the sole cause of death, as opposed to malnutrition and starvation.