San Bernardino, CA (Vocus) September 7, 2010
In a case the California personal injury attorneys of BISNAR | CHASE (BestAttorney.com) are calling a moral and legal outrage, the Del Rosa Villa nursingnursed - (of an infant) breast-fedhttp://wordnetweb.princeton.edu/perl/webwn?s=nursed home in San Bernardino, California and the family members who own and manage the facility have been named in a wrongful death, elder abuse and negligence lawsuit. The lawsuit stems from a June 2009 incident in which, due to alleged nursingnurse - try to cure by special care of treatment, of an illness or injury; He nursed his cold with Chinese herbshttp://wordnetweb.princeton.edu/perl/webwn?s=nurse home negligence, 52-year-old Lance Macpherson — a man with a history of psychological disabilities, including schizophrenia — exited the nursing home in a wheelchair and hung himself with his own belt on a fence surrounding the property. The decedent was left unattended, even though medical instructions stated he was to be placed on suicide watch. The lawsuit was brought against the defendants by Lance's sisters, Heather, Laurel and Leila Macpherson. The case is pending in the Superior Court of San Bernardino County, case #CIVDS1006489.
Alleged Abuse and Neglect of Troubled Man Leads to Suicide
In April 2009, Lance Macpherson, a 52-year-old man with a history of mental disorders (most notably, schizophrenia) attempted suicide by throwing himself in front of a moving car in Montclair, California.
After surgery to repair injuries from that incident and extensive psychiatric evaluations that determined Lance remained at risk of harming himself if he were discharged to the community due to his depression, unpredictability and suicidal ideations, he was released from the hospital into the care of the Del Rosa Villa nursing home in San Bernardino, California on May 22, 2009. At Del Rosa Villa, Lance's family believed he could continue his recovery from surgery, while being placed on a strict suicide watch that required close supervision at all times by a skilled nursingThe Nurse is a major character in William Shakespeare's classic drama Romeo and Juliet. It is revealed later in the play by Lord Capulet that the Nurse's real name is Angelica. She is the personal servant (and former nurse) of Juliet Capulet, and has been since Juliet was born. .http://en.wikipedia.org/wiki/Nurse_(Romeo_and_Juliet) staff.
According to court documents, on the night of June 11, 2009, Lance's behavior deteriorated throughout the evening, whereupon he became visibly agitated, prompting several calls to his doctor in the late evening hours. At 12:30 a.m. on June 12, 2009 — despite strict suicide watch orders — several members of the nursing home staff allegedly watched as Lance wheeled himself out the door of the facility in his wheelchair. Approximately 20 minutes after Lance was seen exiting the facility, a passerby called the main desk to report a person hanging from the fence surrounding the property.
Court documents go on to state that when the staff arrived at the fence, they found Lance hanging from the end of his own belt, with the other end of the belt tied to the metal portion of the fence. Paramedics were called, but CPR attempts failed to resuscitate Lance. He was pronounced dead at approximately 1:30 a.m.
Del Rosa Villa, LLC Sued for Wrongful Death, Physical Elder Abuse and Negligence
This case is both a moral and legal outrage, said Brian Chase, a senior partner at BISNAR | CHASE. Lance suffered physical harm and, ultimately, his demise at the hands of Del Rosa Villa staff members who were aware of his severe mental disorders — professionals who allowed him to have items in his possession with which he could harm himself, who knowingly watched him leave their supervision and care, and who did absolutely nothing to protect him and prevent him from taking his own life.
According to the lawsuit, Del Rosa Villa failed to follow its own Policy and Procedure Regarding Suicide Threats document, disregarding strict suicide prevention measures that were outlined within that policy.
What's more, the nursing home staff allegedly failed to follow its own care plan for Lance and failed, even further, to read Lance's chart that outlined his mental disorders, his suicidal tendencies and his reasons for admission to the nursing home in the first place.
Further still, the lawsuit alleges the nursingNursing is a healthcare profession focused on the care of individuals, families, and communities so they may attain, maintain, or recover optimal health and quality of life from birth to death.http://en.wikipedia.org/wiki/Nursing home allowed Lance to remain in possession of items that could, and indeed were, used to induce self-harm and/or death despite the fact that he was a high suicide risk.
Finally, the suit alleges the nursingthe work of caring for the sick or injured or infirmhttp://wordnetweb.princeton.edu/perl/webwn?s=nursing home's staff members observed and allowed Lance to exit the premises in the middle of the night, after he'd been observed as being visibly agitated in the hour leading up to his suicide.
Family Members, Owners of Del Rosa Villa Claim Corporate Separateness
Del Rosa Villa is a family owned-and-operated nursing home whose members also own four other nursingA nurse is a healthcare professional who, in collaboration with other members of a health care team, is responsible for: treatment, safety, and recovery of acutely or chronically ill individuals; health promotion and maintenance within families, communities and populations; and, treatment of .http://en.wikipedia.org/wiki/Nurse homes known as Waterman, Mt. Rubidoux, Orangetree and Plott. The family members who own these nursingNursing in the United Kingdom has a long history, but in its current form probably dates back to the era of Florence Nightingale, who initiated schools of nursing in the latter part of the 19th and early 20th centuries. .http://en.wikipedia.org/wiki/Nursing_(United_Kingdom) home as are listed as defendants in the case: Elizabeth Plott-Tyler, Terry Steege, Tony Scarpelli, Peggy Blum, Candace Kane and Vickie Bradley.
Del Rosa Villa carries no insurance to protect innocent victims of nursing home neglect, such as that allegedly occurring with Lance Macpherson. In fact, the owners have apparently created a network of independent nursing homes, each under ownership of a different family member, and then created limited liability corporations under those owners. Therefore, if a lawsuit is filed against one of the nursing homes, the owners can declare bankruptcy of that nursing home but continue to run the other uninsured nursing homes.
The nursing home owners can take any stance they want — they can make any claim they want, said Chase. However, with this lawsuit, we are making a statement of our own. We are holding each one of them personally, directly, legally and morally responsible for Lance's death, for the pain and suffering he experienced leading up to his death and for the abuse he suffered at the hands of the negligent nursing home staff members they employed.
The lawsuit seeks damages for wrongful death liability, physical elder abuse, negligence, pre-death pain and suffering, and emotional and mental suffering sustained by Lance's surviving family members, in addition to loss of consortium and funeral and burial expenses.
About BISNAR | CHASE
BISNAR | CHASE Los Angeles personal injury lawyers represent people who have been very seriously injured or lost a family member due to an accident, defective product or negligence throughout California. The law firm has won a wide variety of challenging cases against governmental agencies, including school districts, CAL-TRANS, cities, the State of California and the U.S. Federal Government. For more information, visit CaliforniaInjuryBlog.com and get a complimentary copy of The Seven Fatal Mistakes That Can Wreck Your California Personal Injury Claim.
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