Patient Violently Beaten at Downey Nursing Facility

Downey, Calif. — One of the main reasons for Thomas Talley’s admittance to Lakewood Park Health Center was for protection from health and safety hazards. The facility accepted responsibility for Talley even though they were aware of the aggressive resident population, allowing him to suffer a malicious attack and life-threatening injuries.

“By withholding required care from Thomas, the facility subjected him to a violent physical assault, resulting in severe injuries to his face,” said attorney Stephen Garcia. “The facility apparently made a choice not to do anything about the known hazards of its aggressive and dangerous resident population, and staff failed to protect not only Thomas but the remainder of the elder and infirm residents it promised to protect. This is just unacceptable behavior on the part of Lakewood Health Center.

Garcia & Artigliere filed a lawsuit against Lakewood Park Health Center for elder abuse, negligent hiring and supervision, and assault and battery. The lawsuit alleges that upon Talley’s admission, he suffered from unmanageable diabetes, hypertension, anemia and Stage III kidney disease.

The facility expressed that they could provide a safe environment for their residents; however, they were well aware of the number of aggressive tenants in the home. Rather than properly identifying Talley’s needs, providing monitoring and supervision to prevent assaults, and keeping Talley away from other violent residents, the facility neglected his conditions and allowed Talley to be exposed to known dangers.

On several occasions the facility was informed, and they acknowledged, that another resident had violent propensities and aggressive behavior, as well as hostility towards Talley.

One evening, a violent resident entered Talley’s room, which was unsupervised, and used a metal object and his fists to attack Talley. The facility did not properly conduct room and body checks at designated intervals, nor did they provide Talley a room near the nurse’s station where he could be monitored, therefore leaving Talley with serious life-threatening injuries after his attack.

Further, the staff failed to contact Talley’s physician to obtain an order to send him to the hospital for evaluation after the attack, despite visible injuries to his head and face.