Facts

On Jan. 13, 2005, Maria Cruz, went into cardiac arrest and was transported to California Hospital Medical Center, defendant. Cruz was hospitalized from Jan. 13, 2005 to Feb. 2, 2005. She was comatose throughout her stay. Initially, when Cruz was admitted, her skin was clear. However, because Cruz had a potential for a skin breakdown, the hospital developed a care plan. The care plan was that Cruz would be turned and re-positioned every two hours and kept dry. The staff would also assess her skin during every shift and contact the doctor if there was any skin breakdown. Although according to hospital records, Cruz's skin was clear from Jan. 13 to Jan. 23, 2005, on Jan. 24, 2005, the nurse's notes indicated that Cruz had some excoriation. There was no evidence that a doctor had been contacted.

The next day, a staff note showed that Cruz still had redness to her skin. On that day, Cruz was only turned 3 out of 12 times. On Jan. 27, 2005, Cruz was not turned at all. From Jan. 28 to Feb. 2, the staff noted that Cruz had sacral and perineal breakdown of the skin, and she was not re-positioned as often as the care plan had indicated. On Jan. 31, even though a doctor had ordered that a Neosporin ointment be applied to Cruz twice a day, it was not applied until Feb. 2, 2005, and was applied only once.

On Feb. 2, Cruz was discharged and admitted to Sunray Healthcare Center, defendant. Despite having elevated temperatures that showed Cruz had an infection, Cruz was not given a different tube formula change or increase, as recommended by a dietitian, until March 14, 2005. On March 26, 2005, even when Cruz was re-admitted to Sunray Healthcare Center, changes to her tube feeding were not made, despite the dietitian's recommendations. The center also used an insufficient bite that caused Cruz's tongue to fall off.

On Oct. 16, 2005, Cruz died.

PLAINTIFF'S CONTENTIONS:
Francisco Betancourt, Cruz's husband, Victor Betancourt, Cruz's adult son, and Tanya Betancourt, Cruz's minor daughter, plaintiffs, sued defendants, including Axmy Ghaly, medical director of Sunray Healthcare Center, for dependent abuse and wrongful death. Kenia Betancourt, Cruz's adult daughter, was a nominal defendant but became a plaintiff later.

Injuries

Death of Maria Cruz.

Result

Settlement against Sunray Healthcare Center only for $175,000. On March 27, 2007, plaintiffs dismissed California Hospital Medical Center. On Oct. 3, 2006, the court sustained Ghaly's demurrer to plaintiffs' second amended complaint.