90-Yr-Old’s Bed Sore Caused by Neglect, Conservator Claims

7-2-2013 22:01:00

     OAKLAND, Calif. (CN) - A 90-year-old woman developed a large bed sore on her heel because a Kaiser facility left her on her back at length without elevating, moisturizing and inspecting her feet, her conservator claims in Alameda County Superior Court.
     Jean Tonascia, “elderly, frail and completely dependent on defendants for assistance with all activities of daily living,” was admitted to Kaiser Post-Acute Care Center following surgery for a hip fracture, according to the complaint. “In an assessment of plaintiff’s condition, defendants acknowledged that plaintiff was at severe risk of skin breakdown and pressure wounds,” the complaint continues.
Although, “defendants prepared a plan of care pertaining to plaintiff’s skin integrity,”  which “stated as its goal that plaintiff’s skin would remain intact and free of skin breakdown," the plan was not followed, the complaint says.

According to the complaint, “defendants had a duty to turn and reposition plaintiff as needed,”  to “inspect and moisturize plaintiff’s feet daily,” and to “elevate plaintiff’s legs to prevent skin breakdown and pressure ulcers,” but did not do so.
     Toscana’s conservator, Deborah Wagner, blames Kaiser for “all of the acts or omissions that caused the injuries suffered by plaintiff, including, but not limited to, the hiring and retention of unqualified and untrained staff, the failure to provide sufficient numbers of qualified staff and failing to train staff to meet the needs of each of their residents and patients, and the repeated failures to ensure that plaintiff received proper care.”
     Plaintiffs are represented by Stephen F. O’Neill and Margaret S. Flynn of Tarkington, O’Neill, Barrack & Chong of Santa Rosa.