Failure To Assist Resident Use Bathroom Resulted In Fall And Death Lawsuit Charges
San Mateo, CA (September 30, 2016) – On behalf of the family of Calvin Bennett, age 85, attorneys Chris Dolan and Aimee Kirby of the Dolan Law Firm filed earlier this year an elder abuse and wrongful death lawsuit against a San Mateo County assisted living facility and its owner Karin Lastimosa. Bennett died at Elle’s Care Home located in Broadmoor Village on May 30, 2015.
The lawsuit, filed in San Mateo County Superior Court, charges that Bennet repeatedly called help to use bathroom but no one came to assist him. Later in the night Bennett fell on the way to the bathroom. Despite Bennett’s roommate also calling for help, Bennett remained on the floor yelling in pain for hours before the morning shift came on. Bennett was found dead around 6:30 a.m. His body was covered by ants and ant bite marks.
Aimee Kirby, the Managing Attorney of the Torts Practice Group at the Dolan Law Firm, stated, “What occurred was a tragic and nightmare experience for Calvin Bennett and his family. Elle’s Care Home assured Calvin’s family that he would be cared for; instead, Calvin died after suffering for hours while incapacitated on the ground in the middle of the night. The lawsuit seeks to hold defendants accountable for their reckless and deficient care that led to Calvin’s death.”
The original complaint set forth four legal claims:
1) Wrongful Death – charging that defendants’ misconduct caused Bennett’s death,
2) Professional Negligence – charging that defendants failed to act within the standard of care for skilled nursing facilities,
3) Elder Abuse & Neglect – charging that defendants’ misconduct, including the refusal to answer his calls for assistance, showed a deliberate disregard of the high probability that an injury would occur,
4) Deceptive Business Practices – charging that defendants misrepresented the experience, training, competency, and expertise of their personnel and standard of care provided.
Neglect under California’s Elder Abuse law has been defined as “The failure of those responsible for attending to the basic needs and comforts of elderly or dependent adults, regardless of their professional standing, to carry out their custodial obligations.”
The lawsuit seeks general, special, and punitive damages in an amount to be determined at trial.