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NORTHERN CALIFORNIA RECORD

Saturday, September 28, 2024

Elderly Resident Alleges Severe Neglect Against Residential Care Facility

State Court
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In a dramatic court filing, a California resident has accused a residential care facility of severe elder abuse and negligence. The complaint was filed by William Emperador through his attorney Stephen M. Garcia in the Superior Court of California, County of Sacramento, on June 12, 2024, against CA Caring Hands Inc., Shahab Khan, and several unnamed defendants.

According to the lawsuit, William Emperador was admitted to CA Caring Hands Inc., located at 8797 Twinberry Way, Elk Grove, California, in February 2023. Suffering from severe Parkinson’s Disease, Dementia, and vascular disease, Emperador required significant assistance with daily activities and was at high risk for skin breakdown and pressure injuries. Despite this knowledge, the facility allegedly failed to provide adequate care due to chronic understaffing and insufficient training of its personnel. As a result, Emperador developed multiple severe pressure injuries during his stay.

The complaint details that Shahab Khan and other management figures were aware of the understaffing issues but chose to ignore them in favor of maximizing profits. "These officers... meaningfully disregarded this advance knowledge even though they knew the understaffing could, would and did lead to unnecessary injuries," states the lawsuit. The plaintiff alleges that the facility's financial policies directly contributed to these conditions by imposing budgetary constraints that prevented adequate staffing levels.

Emperador's condition deteriorated significantly under the facility's care. By October 2023, he had developed Stage IV pressure injuries that necessitated hospitalization at Kaiser South Sacramento for wound care. Later transferred to Asbury Park Nursing and Rehabilitation Center in December 2023 for continued treatment, Emperador endured immense suffering due to what his legal team describes as "unjustifiable pain" caused by neglect.

The lawsuit accuses CA Caring Hands Inc. and its management of violating numerous state regulations governing residential care facilities for the elderly (RCFEs). These include failing to maintain an adequate number of trained staff members as required by Title 22 C.C.R. §87411(a), not providing necessary personal hygiene care leading to skin breakdowns as outlined in Title 22 C.C.R. §87464(f)(3), and admitting residents requiring more medical care than legally permissible under Title 22 C.C.R. §87615.

William Emperador seeks general damages according to proof presented at trial along with special damages for specific losses incurred due to neglect. Additionally, he is pursuing punitive damages aimed at punishing the defendants for their alleged misconduct as well as attorney’s fees under Welfare & Institutions Code §15657(a).

Represented by Stephen M. Garcia from Garcia & Artigliere law firm based in Long Beach, California; Emperador's case will be presided over by Judge B. Prasad under Case No.#4020117670.

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