Ortiz

BACKGROUND

1. Factual Background In February 2013, the decedent was admitted to Elmcrest— a skilled nursing facility. He suffered from Parkinson’s disease,

The four staff members are Elmcrest’s supervisor Sandra Alviso, registered nurse (RN) Sharon Balane-de Ocera, licensed vocational nurse (LVN) Diana Rivas, and certified nursing assistant (CNA) Juanita Cristalez. The decedent’s heirs (including Ericka Ortiz in her individual capacity) also sued Respondents; however, only the Estate’s claims were ordered to arbitration and only the Estate is an appellant here. The heirs’ claims were stayed (and remain stayed) in the trial court pending completion of the arbitration.

2 dysphagia, and dementia; he had a history of falling; and he was on an advanced dysphagia diet. On August 4, 2017, staff at Elmcrest found the decedent on the floor and nonresponsive. They administered CPR and called 911. Paramedics later transported the decedent to a hospital, where he passed away four days later. He was 63 years old. 2. The Civil Action The Estate filed a civil action against Elmcrest and the individual staff members, asserting causes of action for elder abuse and neglect;…