A report by the Courthouse News Service states that a family claims that a Fresno nursing home is responsible for the death of their mother. The complaint filed against Manning Gardens Care Center and its owner alleges elder abuse, assault, battery, and wrongful death. The family is seeking actual and punitive damages for the nursing home abuse of their family member.
Allegations of Substandard Care
The complaint alleges the facility has been cited numerous times in the past for substandard care. Pursuant to the complaint, one reason for the substandard care is embezzling public money instead of spending it on the patients.
In Rosario Navarro’s case, she suffered from kidney and liver damage that required 24/7 care. Staff members allegedly helped Navarro to the bathroom but left her “for an extensive amount of time.” Navarro attempted to alert staff by yelling and using the call button but no one came. When she stood after being on the toilet for a lengthy period, she fell forward, hit her head, and fractured both wrists. She remained on the floor crying and screaming in pain and yelling for help for some time but no one came to assist her for several minutes.
Failure to Call for Emergency Assistance and Allegations of Intentional Abuse
The complaint alleges that when staff responded to Navarro they did not call for emergency medical assistance. Instead, they put her in the shower, yelled at her, and told her to shut up. When she continued to cry, a staff member hit her in the head with a removable showerhead. Afraid, Navarro became quiet. When she was finally taken to the hospital for treatment, doctors discovered several fractures and irreversible head trauma from the abuse. Tragically, Navarro died on March 18.
Family members claim that the nursing home was cited by state regulators in August 2015 for “ignoring the complaints and of the residents and their family members in regard to the conditions present in the facility” and “for over-packing the facility bedrooms with more residents than are allowed under code, in violation of 42 CFR §483.70.” The nursing home abuse complaint contains several more allegations of abuse, neglect, substandard care, and negligence.
Nursing Home Abuse is a Serious Problem
A study by the Special Investigations Division of the House Government Reform Committee concluded that of the approximately 5,300 nursing home facilities in the United States, 9,000 instances of nursing home abuse reported between January 1999 and January 2001. The results were shocking according to Representative Henry Waxman, (D-CA). Nursing home abuse and elder abuse continues to be a serious problem with an estimated 1 in 10 Americans over the age of 60 years being the victims of elder abuse. Some studies estimate five million seniors are abused each year in the United States.
You can do something about nursing home abuse. If you suspect abuse or if you are the victim of abuse, you need to report nursing home abuse. Get more information about reporting elder abuse from the California Department of Consumer Affairs and the U.S. Department of Health and Human Services.
Report Nursing Home Abuse in California By Calling 1-844-LET US NO or By Contacting Your Local Hotline!
Contact a Fresno Nursing Home Abuse Attorney
The nursing home abuse lawyers of Torem & Associates want to help you hold the parties accountable who hurt your loved one. Call our office at 1-800-954-4444 or use the online contact form to schedule a free consultation with an experienced elder abuse attorney.
You are under no obligation after meeting with our attorneys. We strongly urge you to consider consulting with our office so we can help you stop the abuse and seek justice on behalf of your loved one through a nursing home abuse lawsuit and/or wrongful death lawsuit.