Virginia Santillan is suing Manning Gardens Care Center for elder abuse, neglect and violation of patient rights after the nursing home dumped her outside her home where she had been found soiled with vomit and feces, with cockroaches crawling on her and maggots in a wound on her right foot.
According to Santillan’s lawsuit, Manning Gardens made no arrangements to make sure she would have appropriate care before calling a transport company to take her home last Nov. 7. Under state law, nursing home residents have the right to a 30-day notice of a discharge, the date of the discharge, the location of where they are being sent, sufficient preparation and orientation at the discharge location to ensure a safe and orderly transfer and to be given information of their right to appeal the discharge and help in submitting an appeal. The lawsuit says the home failed to prepare a safe and orderly discharge plan.
In addition to the alleged illegal eviction, Santillan says the nursing home failed to provide adequate care and did not protect her from a male resident of the nursing home who she says preyed upon and stalked her, violating her privacy and dignity.
The home was cited three times this year for improper patient transfers by the California Department of Public Health, which investigates nursing home complaints.
In Santillan’s case, the state fined Manning Gardens $20,000. State records show Manning Gardens also was cited for the improper transfer of an 82-year-old man who fell and broke a hip after being sent to a facility that was not equipped to take care of his needs. And in a similar case, the state said a man was sent to a facility that could not provide the 24-hour care he required to remain safe. In each case of the two cases involving men, the state fined the nursing home $2,000.