CALIFORNIA - Casa Bonita Convalescent Hospital received three separate citations and fines totaling $121,000 from the California Department of Public Health after its investigation concluded that grossly substandard care led to a resident’s death.
The resident, who was entirely dependent on an ventilator for breathing, died after the ventilator became disconnected, and the problem went unnoticed for a significant period of time. Compounding matters further, the reason that the disconnected ventilator went unnoticed for a significant period of time was that the machine’s remote alarm had been intentionally disarmed by the facility’s nursing staff.
For this conduct, the facility was given the most serious level of disciplinary action allowed under California Law, “AA” citation along with a $100,000 fine. The state agency’s citation was justified based upon the facility failing to have a system in place to prevent residents from becoming disconnected from a ventilator, and also failing to ensure that the remote alarm was engaged to alert staff if the ventilator disconnected or failed to work properly. Another citation, a class “A” citation, and an additional $20,000 fine was also issued against the facility based upon its failure to follow the resident’s plan of care by checking the frequency alarms and monitoring the remote alarm on the ventilator. Additionally, Casa Bonita was also issued a third “B” citation and a $1,000 fine for failing to implement staff development policies for the sub-acute unit regarding new employee orientation, completing employee orientation checklists and ventilator education and certification.
By issuing citations and fines against these abusive and neglectful facilities, the California Department of Public Health is making an serious effort to protect the residents of the estimated 1,4000 elderly care facilities operated throughout California. However, notwithstanding these enforcement efforts, substandard care is a common problem that continues. All too often, elderly Californians do not receive the care, dignity, and respect to which they are entitled.
If you notice that a loved one is being treated poorly or receiving inadequate care, it is important to retain a knowledgeable attorney with experience in the areas of elder abuse and neglect. At Berman & Riedel, LLP, we offer the experience and skill necessary to provide you or your loved one with sound advice on how to protect your legal rights. As a prominent nursing home litigation firm that largely focuses its practice on handling elder abuse and neglect cases, Berman & Riedel, LLP can offer these victims knowledgeable and compassionate legal assistance.