A jury has awarded $1.1 million in wrongful death recovery and $28 million in punitive damages to the daughter of Frances Tanner. Jury members were unanimous in finding that Colonial Healthcare and parent company Horizon West of Rocklin committed California elder abuse against the dementia patient.
In March 2005, Tanner, then 79, moved into the nursing home. Seven months after moving into the assisted living facility, she died from an infected bedsore that she developed after breaking her hip during a fall accident.
The jury determined that the defendants' behavior was fraudulent and malicious and oppressive. Witness testimony during the California nursing home abuse trial included statements from one former employee who said he would never let a family member live at the home. Allegations of corporate greed, poor medical documentation, and chronic understaffing were also made.
Tanner's death was the fourth time in a year that Colonial Healthcare was linked to the death of an elderly resident. The nursing home's lawyers had argued that the assisted living facility had taken good care of the elderly patient and that it should not be held liable for Tanner's fatal pressure sore. Following the California wrongful death verdict, Tanner's daughter Elizabeth Paos expressed relief over the outcome and said that her mother had received justice.
Bedsores
Assisted living facilities know how a bedsore can become a serious health issue for a patient. Nursing home workers are supposed to provide patients with the proper care so that pressure sores don't develop, or if they do, that they don't become infected.
For example, nursing home workers are supposed to move or reposition residents that cannot move themselves at regular and frequent intervals. Softer bed linens, protective padding, pillow foams, lubricants, and special wedges can also can be used. If possible, the patient's bed should be kept in the flat position. The resident's skin should be kept dry and clean, daily baths should be administered, and doctors should check the skin for signs of irritation.
Jury hits Auburn nursing home with $28 million in punitive damages, The Sacramento Bee, May 13, 2010
CA jury awards $29.1 million in nursing home death, Daily Finance, May 13, 2010
Related Web Resources:
Pressure Sores, Mayo Clinic
Recognizing and Treating Bed Sores, Strength for Caring
