A California doctor filed a lawsuit against a California nursing home and its employees on December 19, 2017, alleging that they falsified his physician orders and falsified the nursing home medical records for a 67-year-old nursing home resident who died as a result of alleged nursing home negligence, in order to frame him for their own wrongdoing.
The doctor’s nursing home lawsuit alleges that the defendant nursing home staff incorrectly replaced a resident’s feeding tube, placing a wrong size feeding tube into the resident’s abdomen instead of his stomach. The resident subsequently died from a blood infection as a result. The nursing home doctor alleges that he was never advised about problems with the resident’s feeding tube yet the nursing home staff tried to blame him for the nursing home’s negligence.
The resident came to the defendant nursing home in August 2013 after he suffered a series of strokes that affected his ability to eat and chew. The plaintiff doctor had inserted a feeding tube into the resident’s stomach after which the resident was admitted to the defendant nursing home.
In early September 2013, an unknown person at the defendant nursing home changed the resident’s feeding tube after it became dislodged, using the incorrect size replacement tube; the plaintiff doctor was not consulted regarding the original feeding tube becoming dislodged or the replacement of the original feeding tube, according to the plaintiff doctor’s lawsuit against the nursing home and its staff. The resident was transported to the hospital that evening where he was admitted to ICU followed by hospice care. The resident died from respiratory failure, pneumonia, and septic shock.
The resident’s sons brought a California nursing home wrongful death claim against the nursing home and the doctor, believing that the doctor was responsible for their father’s death because the nursing home records for the resident allegedly stated that the doctor had ordered that the feeding tube be replaced with the size feeding tube that the nursing home staff inserted into the resident. The doctor’s alleged signature on the order was reportedly found to be a forgery, and the color of ink used was different from the color of the ink used for the rest of the page.
The resident’s sons reportedly settled their wrongful death claims against the nursing home for an undisclosed sum, and dropped the doctor from the lawsuit. The doctor subsequently filed his California nursing home complaint, alleging fraud, defamation, and infliction of emotional distress, among other claims for damages.
If you or a loved one suffered injuries (or worse) while a resident of a nursing home in California or in another U.S. state due to nursing home neglect, nursing home negligence, nursing home abuse, or nursing home fraud, you should promptly contact a local nursing home claim attorney in your state who may investigate your nursing home claim for you and file a nursing home claim on your behalf, if appropriate.
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