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As America’s population ages, millions more are headed to nursing homes of all types — Independent Living, Assisted Living, Memory Care, or Skilled Nursing Facilities.
If the facility is far from family, many times the family is unaware of potential neglect. If the patient is in Memory Care or Skilled Nursing, the patient may be unable to inform the family of abuse or neglect.
In James v. Alameda Health Care and Wellness Center, the Alameda Superior Court heard testimony that James, a 71-year-old Air Force veteran, entered the Center to recover from serious tongue cancer surgery. He required skilled nursing care to attend ongoing oncology appointments and to assist with daily needs. Critically important was turning and repositioning to prevent pressure sores.
Defendant failed to transport James to at least seven oncology visits, disrupting his cancer treatment. Staff also failed to turn and reposition him, leading to massive pressure sores. The jury found 1,437 violations of the Residents’ Bill of Rights. See here.
James suffered a severe, deep, infected sacral ulcer that tunneled to the bone. Records showed over 500 missed turns. James died at the facility.
The jury found the Healthcare Center liable for elder neglect and awarded James $918,500 for pain and suffering. The jury further found recklessness, malice, oppression, and fraud, awarding punitive damages and other compensation for a total of $7,637,000.
James v. Alameda Health Care et al., Alameda Superior Court, Hon. Rebekah Evenson, Aug. 22, 2025.
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