Wrongful Death Lawsuit Filed in Escondido Nursing Home Abuse Case
Tuesday, July 1st, 2008When 94-year-old Maria Cobian left the Palomar Heights Care Center in Escondido, she was wearing an ankle bracelet that was supposed to alert staff at the facility that she was leaving the premises. With the kind of negligence that was prevalent at the facility, it’s no surprise to anyone that the bracelet either didn’t function, or there was no diligent staff around to hear the alarm, even if it did go off. The result was that the woman, who has been described by her family as “sometimes” not being aware of her surroundings, walked right off the property and onto the road. She was hit by a car, and died instantly. The crash was the first sign that staff at the facility got that one of their own residents was in trouble.
Her family has now filed a wrongful death lawsuit against the facility. The lawsuit claims, quite rightfully, that the facility failed to provide safety and security for her, and failed to supervise her to the extent she needed to be. This was a woman who had problems earlier with leaving the premises. In fact, on the day of the tragedy, she had tried to escape the facility, and had been prevented by the staff from doing so. We wonder at the kind of nursing home neglect that could allow a 94-year-old woman, who was prone to dementia, to walk out of the nursing home and right onto traffic, without the slightest awareness from the staff. Then, we begin to look at the history of Palomar Heights, and it all begins to make perfect sense.
Palomar Heights has had a colorful history as Sunbridge Care and Rehabilitation Center. In 2004 it was cited twice for nursing home abuse, and in January 2004, a sting operation conducted by the state attorney general discovered extreme nursing home neglect and abuse of elders. The exposé led to at least 12 of the employees being accused of elder abuse. The charges were later dropped, and the facility changed hands and became the Palomar Heights Care Center.
Like old wine in a new bottle, Palomar Heights seems to have continued with the legacy begun by the facility under its former name. Last year, the nursing home received the very worst citation that the California Department of Health Services can give – the AA citation. That citation came after a 66-year-old resident at the nursing home was left alone on a patio smoking a cigarette, while he was connected to an oxygen machine. The fire that resulted burned the man for close to six minutes, singeing his face, arms, legs and torso. The man died, and the state ruled that nursing home neglect contributed to his death.
Now, this new elder neglect scandal threatens to be the final nail in the coffin. These nursing homes act as second homes for elders in our society, a place where they can live out their final years in dignity. What do they do with all the funding they receive if they can’t even make sure that their residents don’t leave the facility unsupervised? It is hard to imagine.
The Reeves Law Group is a law firm with offices throughout California dedicated exclusively to the representation of personal injury victims, including victims of nursing home abuse. Please visit our website at trlglaw.com. If you desire a free consultation on a personal injury matter, please call us at (800) 644-8000 or email us.