Maria Arellano, a 71-year-old assisted living facility patient, became the victim of California nursing home abuse when a nursing worker assaulted her in 2006. Videotaped footage shot with a hidden camera show Monica Garcia dragging the elderly stroke victim by her hair, slapping her, bending her wrists, fingers, and neck, and violently handling her.
Prior to taping the abuse, Arellano's family members complained to the Fillmore Convalescent Center that she had unexplained bruises on her body. The nursing home allegedly failed to investigate, which prompted her relatives to look for evidence. Garcia would go on to plead no contest to the simple battery charge.
Earlier this month, a California jury awarded Arellano and her family $7.75 million for California elder abuse. The award consists of $2.75 M in damages and $5 M in punitive damages. The nursing home was held 40% liable, its owner, Eduardo Gonzales, was held 40% liable, and Garcia was found 20% liable.
Now, the California nursing home's lawyer says his client will combat the multimillion-dollar verdict. He claims that the family waited a number of months before reporting their abuse concerns and that the assisted living facility fired Garcia the moment they found out about it.
Nursing Home Abuse
Nursing homes cannot afford to ignore allegations of abuse, neglect, or assault. In California nursing homes and in long-term care facilities throughout the US, there have been too many incidents involving resident victims that have been abused or neglected by nursing home workers or other residents.
Physical assault, sexual assault, and other abusive actions are violent acts that can cause great harm to the victims--especially if they are nursing home patients who are already sick or frail. Family members shouldn't have to come up with their own evidence to stop nursing home abuse from happening.
There are steps that a California nursing home should be taking to prevent abuse and neglect from happening. There are actions that family members of a nursing home patient can take to obtain compensation for the harm their loved one has suffered.
Fillmore Convalescent Center to fight $7.75 million abuse verdict, VCStar.com, December 28, 2009
$7.75 Million lawsuit settled with Fillmore Convalescent Center, Fillmore Gazette, December 23, 2009
Related Web Resources:
California Department of Public Health
