Brookdale Wellness, A Nursing Home In Oakland, Faces Wrongful Death Lawsuit After Allegedly Drugging Resident In Order To Stop Him From Wandering
OAKLAND, CALIFORNIA (July 11, 2024) – An Oakland nursing home identified as Brookdale Wellness is facing a lawsuit after allegedly giving a resident medication in order to stop him from wandering prior to his death.
Family members of the deceased resident have argued in court that the medications contributed to his death. The resident who died had mild cognitive impairment and leukemia.
Brookdale Wellness said that the man was “prone to wandering.” Five days after being admitted to the nursing home, his daughter was called to the facility and found her father in a nearby crosswalk.
The lawsuit claims that facility staff were overworked and undertrained. They allegedly gave the resident who died morphine without consulting with his doctors.
Liability For Oakland Nursing Home Deaths
Walkaway deaths remain alarmingly common at nursing homes. According to one report by the Washington Post, there have been nearly 100 walkaway deaths at nursing homes since 2018. Residents may die due to exposure to the weather. A number of residents have also been hit by vehicles. Nursing homes should take a number of measures in order to protect nursing home residents from injury and death.
- Nursing home staff should be adequately trained.
- Nursing homes should develop individualized care plans for each resident.
- Nursing homes should implement strict protocols for medication administration.
- Nursing homes should provide residents with balanced, nutritious meals.
Nursing homes have a legal obligation to provide patients with adequate care and ensure that they are not subjected to abuse. Pursuant to the Nursing Home Reform Act of 1987, “A skilled nursing facility must provide services to attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident.” If a nursing home fails to adequately care for residents, this could form the basis of a negligence claim. There are several ways that a nursing home may have failed to adequately care for residents.
- Nursing homes may have failed to provide a resident with the necessary medication.
- Nursing homes may have overmedicated a resident.
- Nursing homes may have failed to properly supervise residents.
- Nursing homes may have failed to provide residents with adequate medical care.
Abuse or neglect within nursing homes is alarmingly common. According to the World Health Organization, “Around 1 in 6 people 60 years and older experienced some form of abuse in community settings during the past year. Rates of abuse of older people are high in institutions such as nursing homes and long-term care facilities, with 2 in 3 staff reporting that they have committed abuse in the past year.” The family of any person who died in a nursing home setting may be able to seek some measure of justice through a civil claim.
Investigating Oakland Nursing Home Deaths
We at the Sehat Law Firm were deeply concerned to hear about this incident at Brookdale Wellness. Any person who may have more information should reach out to investigators. It is our sincere hope that steps are taken to prevent similar incidents going forward.
Have you or someone that you care about been harmed at a California nursing home? Our team of personal injury attorneys is here to answer any questions that you may have. We care deeply that nursing home residents and their families get the support and justice that they are entitled to under the law. Whether you just have legal questions or need any type of support, we are here for you. You can reach out to us anytime at (949) 825-5200.
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