The following article discusses a recent Sava senior care lawsuit in which the plaintiffs have asked the court to award them an extraordinary amount of damages. In addition, the plaintiff’s attorneys also asked for punitive damages as well. While I am not a lawyer, I do know how a lawsuit is structured and I hope that my comments help you if you are considering pursuing a case like this.
In November of 2020, two Sava residents were admitted into the hospital after they both suffered from seizures. One of the patients was admitted into the Intensive Care Unit and the other stayed in the Intensive Care Unit. When one of the patients recovered, he was moved to the Rehabilitation unit and when the second patient recovered, she was moved back into Intensive Care Unit. Unfortunately, the second patient who received her own unit, never recovered and was transferred back into Intensive Care Unit a few weeks later.
Because of the way the hospital handled the care of these two patients, their case against the hospital was able to proceed to trial. It began with a series of depositions between the nurses and other hospital employees. During those depositions, the plaintiffs learned that the hospital had failed to provide the patients with adequate medications and equipment and that it had also failed to provide the patient with personal items such as their wheelchairs and bathing supplies.
It is unclear at this time how the nurse’s personal items ended up in a storage locker in the office of the hospital’s insurance department. The plaintiffs say that the nurses have been fired because they caused damage to the plaintiffs’ belongings. This is certainly possible and, if this is the case, the hospital may be liable for the cost of replacing personal items that were misplaced during the course of the lawsuit.
The lawsuit continues to involve the plaintiffs’ lawsuit against the hospital and this includes their claim that the hospital violated the Fair Labor Standards Act (FLSA) by failing to compensate the plaintiffs for any lost wages or medical benefits. In fact, the case has been referred to the Federal Trade Commission to determine whether the hospital’s failure to compensate the plaintiffs is unlawful and whether or not the hospital breached the terms of its insurance policy. The plaintiffs also believe that the hospital committed fraud by failing to provide reasonable access to care for the plaintiffs.
However, most people are unaware that this case involves insurance coverage issues as well. It is important to note that the lawsuit was not brought on account of the negligence of the hospital but on account of the negligence of the insurance carrier, Medi-Cal, which provided medical insurance to the hospital. Even so, the lawsuit against the hospital is based primarily on the negligent actions of the hospital’s insurer.
In addition, the lawsuit says that the hospital’s medical billing staff failed to provide information about the condition of the plaintiff’s wheelchairs and other equipment to the doctors in the Intensive Care Unit. The lawsuit says that this lack of information resulted in the doctors not being aware of the condition of the patient or the nature of his or her seizures. While the lawsuit does not address whether or not the failure to provide these types of information directly led to the loss of the wheelchairs and other equipment, it does suggest that the hospital breached the terms of the insurance policy and that should it fail to provide accurate and timely information to its doctors, the hospital will be liable for the loss of the equipment. In addition, the lawsuit contends that the hospital’s failure to provide the patients with proper care and to provide the requisite access to medical equipment resulted in the hospital not receiving payment from Medicare and other insurance companies.
Finally, the lawsuit argues that the hospital failed to adequately train its employees and that its employees are responsible for the injuries and losses of the patients in the care of the hospital. The hospital contends that the lawsuit’s claims are frivolous and unreasonable, and that the plaintiffs should consult an attorney if they have questions regarding the case or have concerns about their case. The lawsuit’s claims have been called into question and have never been tested in a court of law before. This is why it is so important for individuals who are involved in Sava Senior Care Lawsuit cases to consult with a professional, medical malpractice attorney experienced in handling these types of cases.