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Healthcare Blog Post

Elder Abuse, Wrongful Death Lawsuit Against Oceanside Facility Heads to Arbitration

A notable case alleging elder abuse and wrongful death will head to arbitration, according to a recent ruling by the California Fourth District Court of Appeal.

The defendants in the lawsuit include Italian Maple Holdings, which owns the La Paloma Healthcare Center in Oceanside. The case is related to a 73-year-old woman who was admitted to the facility in September 2014 with osteomyelitis (a type of bone infection) and high blood pressure. She was found by staff vomiting in the bathroom on October 5 of that year. Rather than assisting, the staff allegedly left her alone.

The woman was later found on the floor after she had fallen. She was taken to a local hospital, where she died of blunt force injuries to her torso and head.

Court documents also indicate that just a week after the woman was admitted to the facility, she allegedly signed a pair of arbitration agreements that stated the parties had 30 days to rescind the agreement. She died 10 days after signing the documents. Her surviving family members have since filed the lawsuit alleging elder abuse, negligence and wrongful death.

Moving to arbitration

The defendants in the case filed a motion to compel arbitration, arguing that the arbitration agreements were in effect because of the signature. They cited the case of Scott v. Yoho, which concluded the “30-day rescission period contained in section 1295, subdivision (c) violates the Federal Arbitration Act and is thus preempted.” The appeals court concluded the arbitration agreements were valid.

If you suspect a loved one has been the victim of elder abuse, you may need to seek compensation. To learn more about your options, speak with a knowledgeable personal injury lawyer at Thorsnes Bartolotta McGuire.

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Thorsnes Bartolotta McGuire
2550 Fifth Avenue, 11th Floor
San Diego, California, 92103-6612 USA