On Thursday a case was removed to the California District Court from the Superior Court of the State of California for the County of Los Angeles. The case was filed by an estate of a former patient and her children against Downey Community Health Center Nursing Home. The complaint alleges medical malpractice and wrongful death on account of the defendant nursing home .
The resident, the complaint said, was an elderly adult in the facility and required help with basic needs including mobility, hydration, hygiene, and personal care. The alleged failure of care began in 2019, when the resident developed pressure ulcers and wounds due to failure of the facility to provide sufficient mobility and hygiene support for the resident.
Prior to resolution of these issues, in June 2020, the patient tested positive for COVID-19 and was moved to a ward with out residents who tested positive. The center informed the residents family that she did not appear to be symptomatic and was in no distress. The complaint said the resident was transferred to a local hospital, at which point the family was informed that resident was suffering from a collapsed lung, low oxygen, dehydration, and other symptoms complicated by the preceding ulcers, resulting in the patient’s critical condition.
The plaintiffs allege that the nursing facility did not meet minimum standards in isolating and cleaning rooms to prevent COVID-19 infection, plus the complications from the ulcers resulted in the residents untimely death.
Plaintiffs are suing for wrongful death, concealment, violation of the patients bill of rights, negligence, elder abuse and neglect, and breach of warranty of habitability. The plaintiff is represented by Greene Broillet & Wheeler LLP. The defendants are represented by Lewis Brisbois Bigaard & Smith LLP.