Garcia & Artigliere Files Suit Against Caleo Bay Alzheimer’s Special Care Center After Resident Alleges Assault & Battery
Garcia & Artigliere has filed a case against Caleo Bay Alzheimer’s Special Care Center (“Caleo Bay”) and its management team alleging unlawful practices that include withholding care and failing to maintain a safe environment within their facility. The suit is being brought on behalf of a deceased resident who spent roughly three years at Caleo Bay and during that time suffered severe injuries that eventually led to his death.
Caleo Bay is not a nursing home: It is an assisted living facility for elders who need extra attention and support for non-medical issues. The facility does not employ any medical staff and is therefore not allowed to accept residents who need skilled care. The complaint filed by Garcia & Artigliere alleges they nonetheless housed patients whose conditions had declined to the point of needing regular nurse assistance.
Further, the plaintiffs claim the facility did not hire sufficient numbers of staff to ensure resident safety. Violence is a common symptom of dementia, Alzheimer’s, and other related diseases. Staff therefore should have been trained to defuse tense situations and prevent residents from fighting. However, in a fight with another resident the patient in this suit acquired:
- Bruising to his face, arms, and hands
- Internal bruising
- Contusions on both legs
- Fractured ribs
- A collapsed lung
The Caleo Bay staff is further accused of concealing the severity of the injuries and their source, telling family members that the patient had suffered a fall and x-rays showed no injuries. By the time the family transferred him to a medical center for another round of x-rays, the patient had developed pneumonia, which would lead to a coma and his eventual death.
Facing abuse and medical neglect decreased the patient’s quality of life and forced him to endure needless pain and suffering, according to his family. They have charged Caleo Bay with:
- Failing their duty to report abuse or suspected abuse
- Admitting/retaining residents who endangered others with their violence
- Concealing the residence of abusive patient(s) in their facility
- Concealing changes in the patient’s health from his family and physician
- Failing to provide proper dementia care to residents
- Failing to provide enough staff members and staff training to ensure resident safety
- Misreporting or failing to report operational problems to State Licensing authorities and concealing violations from enforcement authorities
As recompense for the patient’s suffering, his survivors have requested damages for his physical and emotional suffering from the management of Caleo Bay. Garcia & Artigliere urges any witnesses to this or similar abuse at Caleo Bay to share their stories on behalf of the plaintiff’s suit. If they or a loved one also suffered at the hands of a negligent or understaffed care facility, they may be able to file charges for compensation.
Our elder law attorneys are here to protect the elderly and to seek justice in their name. We handle elder neglect and nursing home abuse cases on a contingent fee basis, which means we charge no upfront costs and you pay no legal fees at all unless we are successful in recovering a settlement or award on your behalf. You have nothing to lose by giving us a call today.
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