California Nursing Home Abuse Lawyers Blog

A Sacramento court has decided accusations of elder abuse at a Fair Oaks care facility warrant a trial.

Dennis Lee Haney brought the civil suit against Eskaton Properties, Inc. after his mother, Dorris Hilton died after spending three months there.

Hilton, 78, died in November 2006 after suffering from a urinary tract infection. Haney claims Eskaton Care Center in Fair Oaks neglected his mother's condition and failed to administer her prescribed medication until she became severely ill. Two days before her death Hilton was transferred to a hospital, where she died.

"She was neglected and without care or attention, without assistance in feeding or toileting, and was left without medication for a diagnosed urinary infection until she became confused and incoherent," Haney's complaint states. "During this time, her cries of pain and for assistance prompted no response from defendants, who had allocated knowingly inadequate resources to provide proper staffing to care for Doris Hilton."

The complaint states that Hilton was subjected to a humiliating death due to her treatment at the facility.

"The conduct of defendants was outrageous. Doris Hilton was forced to endure great pain, mental anguish, humiliation, feelings of helplessness and desperation due to their acts and omissions of deliberate indifference."

Eskaton Properties provided proper care to Hilton and the allegations are unfounded, said Stuart Greenbaum, a company spokesman.

"Eskaton maintains that this individual was provided the same highest level of care that each of the 3,500 people we serve each day receives," Greenbaum said in an email. "Because the case is still being litigated, we cannot respond further on the details. Except to add that this unique allegation is incredibly disconcerting to the 1,700 dedicated and compassionate professionals who work for Eskaton."

Eskaton Properties operates a chain of care facilities for seniors, including three in the Sacramento Area.

There have been several complaints of elder abuse filed against Eskaton's Sacramento properties over the past few years. Neither Greenbaum or Haney's attorney Lawrence Hensley could say whether the number of complaints is common in the long-term care industry. However, Hensley said since filing the complaint, he has received calls from people saying their family members were mistreated at the facility.

In another case, 87-year-old Viola Wiesser died at the facility in January 2010 after suffering from bedsores, pneumonia, clostridium, malnutrition and dehydration, according to a complaint. The woman's children believe her death was caused by neglect.

According to the most recent data available through the Administration on Aging, 54,032 complaints of elder abuse were reported at residential care facilities in California in 2008. While California received more complaints of elder abuse at residential care facilities than any other state, it is home to 9,025 facilities and 289,891 beds - more than any other state. Despite a large number of complaints, the rate of complaints in California is no higher than other state says San Diego Nursing Home Abuse and Neglect Attorney Steven Peck.

However, much of the abuse may go unreported. Only one in 14 cases of elder abuse is reported to the authorities, according to the National Center on Elder Abuse.

California spends more than $11.5 million conducting inspections of residential care facilities and investigating complaints, according to the Administration on Aging.