In two separate incidences, The California Department of public
Health has fined a nursing home a total of $120,000,
the maximum allowable amount, for deficient patient care. In one of the
cases, the inadequacies in patient care were a “direct proximate cause
of death” for an 82 year old woman on Christmas day, 2008. In the other
case, the circumstances were similar, but the patient was rushed to the
emergency room and did not die.
In both of the cases for which the facility was fined,
the patients suffered severe dehydration which resulted in emergency
room hospitalizations. The state cited the facility for failing to
document proper monitoring of the patients’ fluid intake and output,
among other deficiencies. Both patients were not receiving adequate
fluids and became dehydrated which led to other complications, and in
one case, death.
In the case of the woman who died as a result of
the inadequate care, the state’s findings reported “The facility failed
to ensure Patient A, who had a history of dehydration did not become
dehydrated by failing to: 1. Assess Patient A’s fluid needs, 2.
Consistently assessing the urine in Patient A’s urinary drainage bags,
3. Notify the physician regarding Patient A’s low fluid intake, Patient
A’s urine being dark amber in color on 12/12/08, and Patient A being
difficult to wake up the day prior to transfer to the acute hospital,
4. Evaluate Patient A’s intake and output at least weekly. These
violations presented either imminent danger that death or serious harm
or substantial probability that death or serious physical harm to the
patient would result there from and were a direct proximate cause of
Patient A’s death.” For more, read the story.
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Robert W. Carter, Jr. is a Virginia attorney whose law practice is
dedicated to protecting the rights of the victims of nursing
home and assisted living neglect and abuse in Richmond, Roanoke,
Norfolk, Lynchburg, Danville, Charlottesville, and across Virginia.
