The family of an elderly man who died while living at a small assisted living facility is suing the facility. The suit comes after the elderly man fell to the ground and laid there for hours before staff found him the next morning. He had lain on the ground so long, he had been bitten by ants.
Calvin Bennett died in May 2015 at an assisted care home owned by Karin Lastimosa. The facility is located in Broadmoor. Lastimosa also operates another assisted living facility in Millbrae. Both facilities comprise a total of 12 beds.
Attorney Aimee Kirby is representing Bennett’s family, who is suing the facility. The plaintiffs in the lawsuit claim that at some point during the night, Bennett called for help to go and use the bathroom. When no help arrived, Bennett fell at some point during the night.
Despite both Bennett’s and his roommates calls for help, no help came for the man. Bennett remained on the floor yelling in pain until the morning shift came on duty. Bennett’s body was found at about 6:30am covered in ants.
The San Mateo County coroner’s report officially lists Bennett’s cause of death as a heart attack. They also noted a contusion on his head and ant bites on his body.
The California Department of Social Services, Community Care Licensing Division reports that the facility has been issued some 30 citations. In Bennett’s case, investigators found that the facility did not meet his needs and issued a $150 fine.
The department dismissed a complaint of questionable death since the coroner’s report listed the cause of death as heart failure.
If you believe that you or a loved one has been the victim of abuse or neglect while in the care of a nursing or assisted living facility, you may be entitled to compensation. Contact the law offices of Schenk Smith. Our attorneys will work to get you the compensation you deserve. Contact us today.
