A Citrus Heights resident has filed a lawsuit against a healthcare provider for alleged negligence and medical malpractice. Joyce McClendon, represented by Harris Personal Injury Lawyers, Inc., lodged the complaint in the Superior Court of California, County of Sacramento on August 12, 2024, naming Apria Healthcare LLC as the defendant.
According to the complaint, McClendon underwent a right above-the-knee amputation in July 2023. Following her surgery, she was provided with discharge orders for a specific model of wheelchair that was free of any cutting hazards due to her condition and age. However, Apria Healthcare allegedly supplied a different model that had sharp levers instead of the one ordered by her medical professionals. On August 14, 2023, McClendon slipped while trying to get back onto the wheelchair from the toilet and punctured her left upper extremity on one of these sharp levers. She claims she was impaled and unable to get off the wheelchair on her own.
The plaintiff asserts that Apria Healthcare's failure to provide the correct wheelchair constituted negligence and medical malpractice. "Despite this knowledge," states McClendon in her complaint, "Defendants did not perfectly fulfill the discharge order for [the] wheelchair." She further alleges that Apria Healthcare knowingly supplied an unsafe model contrary to what was ordered for her condition.
McClendon is seeking various forms of relief from the court including general damages according to proof at trial, economic damages related to medical and related expenses incurred due to her injuries, costs of suit, prejudgment interest, and other relief deemed just and proper by the court. She contends that as a result of Apria Healthcare's actions or lack thereof, she sustained severe injuries leading to significant mental, physical, and nervous pain and suffering.
The lawsuit details two primary causes of action: negligence and medical malpractice/professional negligence. It accuses Apria Healthcare LLC of failing to diagnose properly or inform McClendon about potential risks associated with using an incorrect wheelchair model. The plaintiff believes that all defendants were acting within their scope as agents or employees when they failed in their duty to provide appropriate care.
McClendon's legal team includes Jerome P. Bellotti and Philip Alexander from Harris Personal Injury Lawyers Inc., who are spearheading this case under Case ID [Not Provided]. The presiding judge's name has not been disclosed yet.