A jury has awarded $30 million in a wrongful death lawsuit against Northern California based Horizon West Healthcare Inc. According to an Associated Press news report, the verdict in the civil case comes soon after a Sacramento County Superior Court jury found Colonial Healthcare of Auburn and its parent company, Horizon West, guilty of elder abuse in connection with the 2005 death of Frances Tanner. In addition to awarding $1.1 million in compensatory damages, jurors decided in the civil case that the nursing home companies should pay $28 million in punitive damages to Tanner's estate and her daughter, Elizabeth Pao.

Infected Bedsore Caused Patient's Death

According to court documents, Pao said that her mother was suffering from mild dementia when she moved to the nursing home in March 2005. She suffered a broken hip after a fall seven months later. She ended up dying shortly afterward from an infected bedsore. During the trial, jurors heard about how the facility deliberately understaffed the nursing home and kept "poor medical documentation." Attorneys for the facility argued that Tanner was properly cared for and that the nursing home was not responsible for the bedsore, which caused her death. They have vowed to appeal this verdict and attempt to have it reduced or dismissed.

Nursing Home Abuse on the Rise

Nursing home abuse is a significant problem in this country and based on recent reports, the problem is escalating and about to get worse in the coming years with more senior citizens headed to nursing homes. According to a Government Accountability Office (GAO) report in 2003, deficiencies in the nation’s nursing homes are increasing at an alarming rate. One in five nursing homes nationwide – about 3,500 facilities – have serious deficiencies that cause residents actual harm or place them in immediate jeopardy, the report said. The report also found significant understatements of the care problems that should have been treated a lot more seriously – pressure sores, severe weight loss and multiple falls resulting in broken bones and other injuries.

Holding Nursing Home Operators Accountable

Understaffing in nursing homes is also a significant problem because the companies that own these nursing homes put profits over the safety and well-being of the people and families they are supposed to serve. I'm pleased to see that this California jury sent out a strong message to nursing homes by awarding this family $28 million in punitive damages. It is important that families who have lost loved ones to nursing home abuse or neglect pursue their legal rights. This is less about money and more about holding these unethical businesses accountable for their negligence. The best California personal injury lawyer will always provide a free, comprehensive and confidential consultation to injured victims and their families.

Do you have a loved one in a nursing home? What are your biggest concerns about the care your loved one is receiving?