A wrongful death lawsuit has been filed in Sacramento County Superior Court against Colusa Medical Center (American Specialty Healthcare) by the widow of a man she claimed was neglected in the hospital’s skilled nursing facility.
According to a complaint filed Jan. 4 by Tami L. Early, hospital staff failed to reposition her husband, John L. Dubois, every two hours, and failed to frequently conduct skin inspections.
Dubois, a former Chico radio personality, suffered a spinal injury from a fall from his roof on Sept. 20, 2020. He was admitted to Colusa Medical Center on Dec. 28, 2020, from Enloe Hospital for rehabilitation.
Dubois died March 16, 2021 from deep tissue pressure injury and associated infection that the lawsuit claims was the result of American Specialty’s decisions concerning the ratio of care-giving staff to patients, particularly the number of registered nurses, licensed vocational nurses, and certified nursing staff, along with other policy and procedure decisions for maximizing profits.
“American Specialty’s top priority was improving the financial performance of CMC, and this rather than patient well-being guided all operational decisions at CMC,” the lawsuit states.
American Specialty Healthcare purchased the Colusa hospital after Colusa Regional Medical Center closed abruptly in 2016 after the nonprofit disclosed it had run up a deficit of $7 million during the previous two years.
Early’s lawsuit against American Specialty Healthcare alleges Colusa Medical Center habitually operated with minimal staff, regardless of the acuity of the patients or actual patient needs, and that Dubois, who was paralyzed, spent prolonged periods of time in the same position, either lying in bed or sitting up in his wheelchair.
“CMC staff should have taken steps to reposition Mr. Dubois and relieve pressure at least once every two hours by moving him from the bed to the chair and vice versa, turning him on his side, and/or using assistive devices (such as pillows and low air loss mattress) to relieve pressure,” the complaint states. “They did not do so.”
The lawsuit also claims CMC did not provide adequate nutrition, failed to provide nutritional supplements as ordered, and failed to provide snacks as needed, which put him at increased risk for pressure ulcers.
Dubois suffered at least 10 deep wounds to his buttocks, sacrum, heels, toes, feet, and ankles, which the lawsuit claims had festered as a result of neglect, lack of skin inspections, and bathing.
He was transferred to Enloe for treatments but was advised he would not likely recover, the lawsuit states. He died in hospice care.
In addition to elder abuse and wrongful death, the lawsuit alleges negligent infliction of emotional distress and violation of Patients’ Bill of Rights.
A case management hearing is scheduled in Sacramento on Oct. 20, 2023. A summons was issued to all parties on Jan. 5, according to court records. A response to the lawsuit has not yet been filed.
Early is represented by Clement Law Group of Sacramento. ■