Staff won't shower patient after she soils herself, so her daughter tries to do it.
Plaintiff beat CCP 998 demand after low offer from defendant nursing home.
Lanzone Morgan LLP by Reza Sobati and Ayman Mourad, Long Beach.
Wilson Getty LLP by Scott Barber, San Diego.
On February 2, 2019 plaintiff was visiting her mother at a nursing home in Monterey, where she found her mother soiled in bed. Plaintiff asked the facility staff to clean her mother. Staff proceeded to wipe plaintiff's mother down with baby wipes. When it became apparent that plaintiff's mother still had feces on her, plaintiff asked the facility staff to shower her mother. The charge nurse refused and said that plaintiff's mother had a fixed shower schedule and would have to wait for her scheduled shower day. Plaintiff didn't want to leave her mother soiled, so she asked the facility if she could provide the shower for her mother. The facility staff told her she could and left plaintiff and her mother alone during the shower. During the course of the shower, plaintiff lost her footing and fell.
That defendant's refusal to shower one of its residents set into motion the chain of events that led to plaintiff's injuries.
That plaintiff did not actually ask staff to shower her mother and was told on prior occasions not to shower her mother.
Plaintiff suffered a tibial plateau fracture that necessitated two surgeries and a 10+ month-long rehabilitation. Plaintiff had a metal plate installed in her knee and suffers from chronic pain.