Archive for the ‘Wrongful Death Claim’ Category

Los Angeles Nursing Home Fined $100,000 for Patient Death

Friday, May 21st, 2010

We’ve all heard about “death panels” but it seems that death panel rumors barely hold a candle to the reality of elderly abuse in nursing homes.

Previously, it was reported that a nursing home in Auburn, Colonial Healthcare was ordered to pay $28 million worth of punitive damages for the death of one of its residents in Auburn because of an infected bedsore.

Frances Tanner, 79, although suffering from mild dementia, was healthy when she got admitted to Colonial. However, within 7 months after a fall accident that broke her hip, the long-time civil servant died from a bedsore. Her daughter, Elizabeth Pao, was also awarded $1.1 million for Tanner’s pain and suffering as well as for her loss of companionship.

This time, even after the huge amount of damages awarded against Colonial Healthcare, a Los Angeles nursing home has now been fined $100,000 for an 84-year old patient’s death.

According to a report by the California Department of Public Health, the patient, who was at the center because of a fractured hip and prostate cancer, died because Hancock Park Rehabilitation Center failed to follow the proper policies and procedure.

It improperly administered a nasal feeding tube and the feeding tube apparently started to leak food into the man’s lung which caused pneumonia which led to his death last May 2008.

State health regulators imposed the $100,000 fine, the highest and most severe penalty under state laws regulating nursing homes.

But as evidenced by the continued elderly abuse at nursing homes, mostly brought about by poor management and chronic understaffing, imposing fines and even millions of dollars worth of damages has failed to deter other nursing homes from making the same mistake and abuses on their clients.

If you have a loved one in a nursing home or considering it, it would really be prudent for you to check its background and ask around about its quality of care. But in the worst case scenario that your elderly mother or father or other family members were injured or who died because of the nursing home’s negligence or failure to follow proper nursing care procedures, a fine being imposed against the nursing home by the government is just one of the remedies.

Rightfully, you may file a personal injury lawsuit or a wrongful death claim against the negligent nursing home to recover compensation for any monetary expenses or loss you and your family suffered because of their acts and omissions.

Filing a wrongful death claim or a personal injury lawsuit isn’t also just for compensation – these facilities should be held accountable for the negligence and since they put profit over people, winning a case against them will force these nursing homes to improve their standard and quality of care to avoid further litigation.

Lakeside Hit-And-Run Accident Victim Succumbs to Injuries

Friday, January 15th, 2010

The disabled woman who was struck in a hit-and-run accident in Lakeside last week has died of her injuries the other night.
Judith Tellez, 63, was in a coma until she died Tuesday night.

She sustained a broken back and legs, and a fractured skull after being struck by a Ford Expedition while crossing the Old Highway 80.

Police are still searching for the hit-and-run driver.

If he is caught, instead of just worrying about a wrongful death suit, he may be criminally prosecuted by the state as well.

Under California law, a driver involved in a car accident is required to stop and provide reasonable assistance to those who are injured.

The state may file a felony charge against him for leaving the accident scene.

In addition, since the car accident resulted in death, he may also be charged with manslaughter.

If he had stayed, he could have avoided criminal prosecution, or even if he ends up being charge, he can get a more lenient plea for manning up to his mistake.

His insurance company could have also taken care of any civil lawsuits filed against him.

Instead, he chose to run away from his mistake.

No he is also running from the law.

Hit-and-Run Driver Tries to flee from 2 Traffic Accidents

Tuesday, December 22nd, 2009

Running away from a car accident scene never led to anything good. That goes for both the victims and the liable party.

Just this weekend, police have arrested the SUV driver who tried to run not only from one but two traffic accidents.

One of those resulted to the death of an elderly woman.

According to LA County Sheriff’s Department, the SUV first struck a woman riding a motorcycle on Wilmington Avenue.

Instead of stopping, the driver of the SUV tried to make a U-turn and crashed into another car.

The car, which was carrying 71-year-old Teresa Andrade, rolled over after being hit.

Again the SUV driver fled the scene but did not notice that his plate number was left at the scene.

Sheriff’s deputies were able to track down the vehicle to a Compton residence and detained 3 males, 2 of whom are juveniles.

The driver of the SUV was brought by his family to Compton Station at about 8:30.

The driver now not only has to answer for civil liabilities from wrongful death and personal injury suits he sure will receive, he will also have to worry about being prosecuted by the state especially for the death of Andrade.

We are required by law to stop after being involved accident, exchange information and provide reasonable assistance to those who are injured or in need.

Not doing so is punishable by law.

Add to the driver’s offense the death of Andrada and you have a manslaughter case if not murder on your hands.

Nobody wins in hit-and-run car accidents, Andrada lost her life, and the SUV driver may lose some years of his life in jail.

Former Miss Argentina Dies after Buttocks Cosmetic Surgery

Friday, December 4th, 2009

They say there is no price high enough for beauty, but apparently there is.

Solange Magnano, former Miss Argentina in 1994, paid the ultimate price to have a slightly firmer behind.

Magnano, died after undergoing cosmetic surgery on her buttocks in Buenos Aires.

The procedure was called gluteoplasty and involved placing implants in the buttocks to improve its outline.

She died of pulmonary embolism after three days in critical condition.

According to some reports, the liquid that was injected into her buttocks went to her lungs and brain.

Authorities are now investigating the cause of death.

The family of Magnano should seriously consult a wrongful death attorney to know their legal options.

If there was negligence done by the doctors and medical professionals during the procedure then they and the hospital should be held liable for their actions.

I do not know the law that covers negligence and medical malpractice in Argentina but I am sure that they will be going after the people involved in this tragedy.

Hopefully her family can find justice for her death.

Solange Magnano was 37 years-old and is survived by her twin 7-year-old daughters.