Insurance Coverage Related Matters
The following summaries are cases handled by PL personnel. They are provided to give you a basic understanding of the kinds of cases our personnel have been comfortable with handling in the past, and the results achieved for these former clients. Please understand that we cannot make any guarantees about how your matter may turn out, and the similarity between the facts of your matter and any of these summaries does not mean you will get the same result. All litigation is very fact-specific, and the facts of your case will dictate the results that can be achieved.
Elder and Dependent Adult Abuse
Miller vs. Zareen Faiz, M.D., Orange County Superior Court
The client was the daughter of an elderly pre-Alzheimer’s gentleman who was placed in a local care facility for the elderly. The defendant owner of the facility made certain representations to the client about the care that her father would receive, which turned out to be untrue. Further, when the client complained about certain circumstances, the defendant promised to look into the problems and remedy them, which was also untrue. Ultimately, the matter proceeded to a ten-day jury trial, where the jury found that the defendant abused and/or neglected client’s father, and defrauded the client. The plaintiff received over $200,000 in damages and costs in her favor after the appeal was resolved.
Elder and elder's daughter vs. Large Regional Hospital, Riverside County Superior Court
Primary client was an elderly, non-communicative woman whose medical condition made her a known fall risk. While at the hospital, she was left unattended with no protection against a fall. She fell, breaking her leg and causing other contusions and bruises. The staff failed to evaluate the client after the fall, so the break was not identified until several days later after painful physical therapy pushed and pulled at the broken bone. Case settled at mediation after a complaint was filed for an amount that must remain confidential.
Elder and elder's wife vs. elder care facility, Los Angeles Superior Court
Primary client, an Alzheimer’s-stricken gentleman, was a significant fall risk due to other medical conditions. Defendant facility took no reasonable precautions to prevent client from falling. Client fell and broke his hip. No one at the facility informed the family of the fall, and even denied knowing about it once the family recognized client was in pain. The facility waited several hours before x-raying the hip, leaving the client in severe pain for over 12 hours before a doctor could begin treating the break. The case settled at mediation for an amount that must remain confidential.
Elder and elder's daughter vs. elder care facility, Riverside Superior Court
Four days after elder client's admission to the defendant's facility, family members discovered client in a frightened state, even cowering, especially when certain staffers entered the room. Because client could not express herself verbally, the family physically examined her. Client had been inflicted with a large skin tear and 23 other bruises and/or smaller skin tears. When questioned, staffers offered strongly contradictory accounts of the origins of the injuries. The State of California Department of Health and Human Services conducted an investigation and verified this glaring inconsistency in issuing a Statement of Deficiencies. DHS also found that the facility had unlawfully failed to notify client's family of the incident. Case settled after some litigation for an amount that must remain confidential.