An elderly plaintiff received $250,000 in a Gardena slip and fall case after neglect by a caregiving service left him injured and dehydrated for days. The injuries required ongoing medical treatments and highlighted violations of elder abuse protection laws.
Plaintiff, an 80 year old male, was a customer inside an extended stay hotel located in Gardena, CA. While walking to the restroom from his bed, Plaintiff slipped and fell, and he was unable to lift himself up. Over the next two days, Plaintiff laid on the cold floor, shaking and dehydrated. Defendant’s home care giving employee was scheduled to meet with Plaintiff at the hotel for care giving services, but never arrived; hence causing Plaintiff to spend another day on the cold floor, while severely dehydrated and covered in urine.
Under the Home Care Service Consumer Protection Act, it is required that all Home Care Organizations to be licensed, which is overseen by the Home Care Services Bureau (HCSB).
Defendants’ actions also resulted in elder abuse, by his neglect in making sure that Plaintiff was not in any form of malnutrition or dehydration, as well as under any unsanitary or unclean conditions.
Under the California Welfare and Institution Code 15600:
(a) The Legislature recognizes that elders and dependent adults may be subjected to abuse, neglect, or abandonment and that this state has a responsibility to protect these persons.
Under the California Welfare and Institution Code 15610.07:
(a) “Abuse of an elder or a dependent adult” means any of the following: (1) Physical abuse, neglect, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain or mental suffering.
Under the California Health and Safety Code 1796.44:
(a) A licensee shall ensure that prior to providing home care services, an affiliated home care aide shall complete the training requirements specified in this section.
(b) An affiliated home care aide shall complete a minimum of five hours of entry-level training prior to presence with a client, as follows:
(1) Two hours of orientation training regarding his or her role as caregiver and the applicable terms of employment.
(2) Three hours of safety training, including basic safety precautions, emergency procedures, and infection control.
(c) In addition to the requirements in subdivision (b), an affiliated home care aide shall complete a minimum of five hours of annual training. The annual training shall relate to core competencies and be population specific, which shall include, but not be limited to, the following areas:
(1) Clients’ rights and safety.
(2) How to provide for, and respond to, a client’s daily living needs.
(3) How to report, prevent, and detect abuse and neglect.
(4) How to assist a client with personal hygiene and other home care services.
(5) If transportation services are provided, how to safely transport a client.
(d) The entry-level training and annual training described in subdivisions (b) and (c) may be completed through an online training program.
As a result of his fall and the neglect by Defendants, Plaintiff suffered injuries to his, neck, upper back, middle back, lower back, bilateral hip, and bilateral knee, as well as dehydration. Plaintiff’s injuries were significant enough to incur $78,000 in medical expenses. Plaintiff required a lumbar spinal pain relieving injections, to where he now has ongoing sporadic lumbar spine pain, for which he will require intermittent chiropractic and physical therapy treatment in the future.
Defendants disputed liability and Plaintiff’s claims for injuries and damages. Defendant also disputed the reasonableness and necessity of Plaintiff’s medical treatment. However, through lengthy discovery and depositions, it was determined that Defendant’s employee in fact did not meet with Plaintiff as he was scheduled on the day after Plaintiff’s fall. Furthermore, through the testimony of expert doctors, it was determined that Plaintiff’s injuries and treatment were reasonable and necessary, considering the severity of his fall. Messrs. Khakshooy and Agarwal were able to recover $250,000 for Plaintiff.
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