Garcia & Artigliere File Suit Against Lake Forest Nursing Center After Alleged Choking Incident
By: Garcia & Artigliere
By August of 2019, the woman had a fall at home and fractured her ribs. She was forced to return to Saddleback Hospital, where she was treated and discharged to Lake Forest Nursing Center. The 175-bed, 24-hour care facility, hereby referred to as the facility, was allegedly run by El Toro Medical Investors Limited Partnership and other shell companies owned and operated by Robert Lorenzo and Forrest Prestons, hereby known as the defendants.
According to the complaint, the defendants prioritized the financial needs of their companies. The prolonged neglect and abuse of patients, including the plaintiff, allegedly arose out of 4 calculated business decisions by the defendants, which resulted in insufficient funds for safely operating the facility.
In 2017, the facility received 49 Department of Public Health (DPH) survey deficiencies when the average was 24. The next year, the facility received 73 DPH survey deficiencies. The facility allegedly had an insufficient staff in both number and training throughout the plaintiff's stay untimely her death on September 11, 2019.
At the time of her admittance, the patient was on a "restricted mechanical soft diet." Due to her dietary restrictions, the defendants should have known of her increased risk of aspiration. Nevertheless, the patient was given a kale salad on September 9 and left unattended while she ate. The woman started to choke and was found unresponsive at approximately 1 p.m. Upon this discovery, the staff called 911. Emergency responders attempted to resuscitate the patient, but the aspirated kale blocked her airway and thwarted their revival efforts. At Saddleback Hospital, doctors were able to clear the patient's airway and put her on life support, but by September 11, she had passed away.
The alleged actions of the defendants caused extended and unnecessary pain and suffering to the plaintiff and her family. The plaintiff's injury and death could have easily been prevented had the defendants followed her special diet orders and/or provided the appropriate supervision, monitoring and assistance with her feeding.
Garcia & Artigliere is nationally known for its vigorous advocacy in the field of elder abuse. With locations in California, Arizona, and Louisiana, they work with clients across the U.S. to hold elder care centers liable for the harm they often cause their patients. Visit www.lawgarcia.com for a free consultation.
Garcia & Artigliere