Nursing Home being sued for wrongful death

The daughter of a Chico woman who died in 2014 from stage five kidney failure filed a wrongful death suit against Windsor Chico Creek Care & Rehab. The nursing home is being accused of dependent adult abuse and neglect, wrongful death and violation of patient’s bill of rights.

Jamie Torres, one of Librada Torres’ two daughters, filed  the complaint against Windsor Chico Creek on Nov. 2, 2015.

The report claims that the nursing home was “intentionally underfunded and understaffed…” Additionally, they claim that the business was prioritizing profit over its patients. The Torres family says the nursing home was cutting corners in order to make the most money possible. These claims coupled together, the Torres family says, created an unsafe environment for Librada resulting in her death.

Additionally, Torres had an irregular appetite. Her eating was not monitored by Windsor Chico Creek staff resulting in a severe drop in albumin, an overall nutrition indicator of a person. She was subsequently sent to an acute care hospital, claimed the Torres family.

However, the defendants assert innocence. They argue that the Torres family has culpability in her death. They remark that the Torres family did not take necessary actions in order to circumvent certain damages and pain sustained by Torres.

The defendants go on to claim that the damages suffered by Torres were caused by direct acts of the Torres family. This is in reference to a Torres family member removing a fecal impaction, dried stool stuck in the anus. Since this was not done by a professional it could have caused unwarranted pain and infection. Conversely, the plaintiffs suggest that a family member performed the act because no staff personnel was present to remove the impaction.

The defendants also said that the charges were not brought about in a reasonable time.

The Torres family is suing for Torres death, punitive damages, the cost of the suit, attorney fees, and whatever else “the Court deems just and proper.”

The case will be presented in front of judge. Michael Candela on May 6.


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