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Arroyo Grande, California Nursing Home Sued

An Arroyo Grande nursing home, Casa Rosa Elder Care, is being sued after a 91 year old patient, Claire Trubo, fell and called for help for nearly three hours as she lay battered, bruised and bleeding, before the nursing home attendant woke from a nap and came to her assistance. The suit claims the nursing home is understaffed due to their placing money above patient care in their priority list.

The trouble started in October of 2013 when Ms. Trubo was first admitted to the elder care facility. The staff was made aware at that time of the patients need to be assisted to and from the bathroom. In an instance prior to the fall, the nursing home neglect lawsuit cites she was escorted to the bathroom, only to be left for over 20 minutes before being escorted back. When she brought the matter to the attention of authority, she was told to use the bathroom, i.e. defecate and urinate, in her bed and wait to be cleaned up. Administration was involved at that point and Ms. Rosa’s family was assured the behavior was unacceptable and would not happen again.

On a separate occasion, two days later, Ms. Trubo rang her buzzer but received no assistance. She waited an additional 20 minutes before walking to the bathroom alone, making it without incident. She used the bathroom and then pulled the assistance chain next to the toilet. Again, she waited 20 minutes without assistance or recognition. She attempted to walk back to her bed without assistance when she fell. With no handrail to grasp and too far from the assistance chain, she yelled for assistance. It was three hours before assistance arrived.

Ms. Turbo struck her head in the fall and was bleeding profusely. Her arm and hip were also injured. Afraid she had broker her hip, she did not attempt to move but instead screamed loudly for assistance. Eventually, another resident with whom Turbo shared the bathroom with found her. This resident also attempted to use the assistance chain to garner help. No one came to her summons. Three hours later, a staff member did arrive but 911 was not called. It took another 7 hours for her to arrive at the hospital.

Ms. Turbo’s claim further states that the negligent staff member was in an empty room asleep at the time of her fall and that he received no discipline. The only action taken was a shift change to an earlier time of day. Another troubling point is the facilities report to the state about Turbo’s fall. It reports that she received only a minor scrape and laceration in the fall. The claim is made that the patient’s fall was due in large part to the lack of appropriately mandated staffing requirements stemming from the administration’s attempt to run a lucrative establishment at the expense of the patient’s care. It is a civil action which is seeking an unnamed amount in punitive damages.