When nursing homes accept patients, they are obligated to follow state and federal guidelines which guarantee a basic level of human dignity to those patients. That human dignity was denied by Manning Gardens Care Center, a nursing home in Fresno, when they illegally dumped a 78-year-old resident on the sidewalk of her former home, where an administrator/owner of the nursing home argued with the ill resident over disputed charges. Emergency responders found the woman soiled in vomit and feces, with cockroaches crawling over her and maggots infesting her unhealed wounds. California regulators have cited the nursing home for the incident, and Johnson Moore has now filed a lawsuit on the patient’s behalf with a goal of preventing such injustices against the elderly in the future.
When Nursing Homes Put Profits Over Patient Safety
The 78-year old resident had been briefly hospitalized before being transferred to Manning Gardens Care Center, with Medi-Cal paying for most of her care. After the patient was unable to access her personal income to pay her Medi-Cal share of cost, the facility issued a discharge notice despite the fact that she was still ill and had unhealed wounds. The facility had made no arrangements to ensure the resident would have appropriate care outside of the facility, despite her unhealed wounds and extensive care needs.
Upon issuing the discharge notice, the facility arranged a transport van to take the ill patient to her former home. The patient’s son, who was present at the house, indicated that he was unable to care for his mother in the home, and refused to allow her into the house. The transport driver then called the facility, and the facility administrator – who is also a part-owner of the facility – and an assistant administrator then drove to the house, met the resident on the sidewalk and engaged in a dispute over the unpaid charges.
The resident fell ill under the stress and 911 was called. The administrator then left the resident on the sidewalk after the police and fire departments arrived. The emergency responders then investigated the house and found it unfit to live in.
California Fines Manning Garden For Its Illegal Actions
The California Department of Public Health found that Manning Gardens had jeopardized the resident’s health and safety and issued a Class A citation and $20,000 fine. The citation stated that Manning Gardens’ assistant administrator was unaware of any regulatory requirement for safe resident discharges.
The California Department of Public Health also found that Manning Gardens had illegally dumped at least two other patients into unsafe living arrangements after it became clear that they were not making timely payments.
Johnson Moore Files Suit On Behalf of the Injured Patient
The elder abuse attorneys at Johnson Moore filed a lawsuit against Manning Gardens on behalf of the 78-year old patient to recover for her injuries and losses and also to obtain an injunction against the nursing home committing similar egregious acts against residents in the future.
Attorney Jody Moore stated, “a facility must never discharge a resident into an unsafe and unfit environment. Here, it is clear the facility administrator, who is also an owner, was more concerned about his bottom line than the safety and welfare of this resident. It’s unconscionable.”
The lawsuit is supported by the California Advocates for Nursing Home Reform, whose Executive Director, Pat McGinnis, said, “Illegal and unsafe discharges are at an all-time high in California and this case demonstrates how depraved some nursing homes are.” She went on explain, “There are state and federal laws meant to ensure residents receive well-planned, safe discharges but enforcement is weak and compliance is evaporating.”
In filing the suit, Moore aims to prevent future acts of elder abuse. “Three citations by the Department of Public Health indicate a pattern, that Manning Gardens has no interest in following the rules regarding safe discharge,” explained Ms. Moore. “Part of the lawsuit seeks an injunction, which is a court order requiring them to comply with the rules to protect future residents from being dumped.”
Talk to A California Elder Abuse Attorney Today
At Johnson Moore, our attorneys are compassionate and determined defenders of the elderly, and we will take the time to fully understand your concerns and assess what steps we can take on your behalf. Even if you are unsure of whether you have a valid claim, we look forward to hearing from you to help you explore your options for obtaining the justice you deserve. Contact Johnson Moore today to schedule a free consultation.