Brandon Day and Derek Day have filed a wrongful death and medical malpractice complaint against Golden Pond, L.P., D.M.G. Properties, Inc., and unnamed defendants in the Superior Court of California, County of Sacramento on May 30, 2024. The plaintiffs allege that the defendants' negligence led to the death of their mother, Lorraine Day.
The complaint details a series of alleged failures by the defendants in providing proper care for Lorraine Day at Golden Pond Retirement Community in Sacramento. According to the plaintiffs, Lorraine had initially completed a Do Not Resuscitate (DNR) order but later withdrew it in favor of full resuscitation. However, this change was not documented correctly by the facility's staff. When Lorraine suffered cardiac arrest on August 6, 2023, first responders were provided with the outdated DNR order, leading them to cease life-saving efforts prematurely. The plaintiffs assert that this failure directly resulted in their mother's death.
"Defendants recklessly and/or intentionally produced and provided first responders with the older version of Decedent’s Advance Directive containing the erroneous DNR," states the complaint. This critical error is cited as causing Lorraine's passing due to improper cessation of CPR and other life-saving measures.
The plaintiffs also claim that there was a broader pattern of negligence and elder abuse at Golden Pond Retirement Community. They allege that staff failed to update medical records properly and did not adequately address Lorraine's heart-related issues. Furthermore, they accuse the facility's management of failing to supervise their employees adequately and disregarding known risks associated with their conduct.
In addition to seeking general damages for pain and suffering before death, funeral expenses, and loss of companionship, Brandon Day and Derek Day are also pursuing punitive damages against Golden Pond L.P., D.M.G. Properties Inc., and other unnamed defendants for what they describe as "despicable conduct." They argue that these actions amounted to elder abuse under California law.
The lawsuit highlights several causes of action including survival claims for medical malpractice/professional negligence, wrongful death due to medical malpractice/professional negligence, survival claims for general negligence, wrongful death due to general negligence, survival claims for elder abuse, and wrongful death due to elder abuse.
John C. Miller Jr., representing Miller Injury Attorneys based in El Dorado Hills, CA is advocating on behalf of Brandon Day and Derek Day. The case has been assigned Case No. 2arzsfoitoe14 in front of an unspecified judge at this time.