Hernandez

Plaintiff Jose Hernandez, the son of Manuel Hernandez, appeals from summary judgment granted to defendant California Hospital Medical Center (respondent) in this medical malpractice action. After review of the record, we reverse.

Facts

This is a survival action brought by plaintiff to recover damages allegedly resulting from injuries received by his “over eighty years old” father during his hospitalization with respondent from December 7, 1996, through December 17, 1996.

The operative complaint, the third amended complaint, alleges that respondent was negligent in that it “failed to maintain adequate hygiene to prevent the formation of decubiti on the sacral and coccyx region of the patient, failed to provide repositioning of the patient frequently enough to provide sufficient relief of pressure to avoid the formation of sacral and/or coccyx bedsores on the patient, failed to assess the skin condition of the patient, failed to seek medical advice and orders from a physician to treat the sacral and/or coccyx decubiti of the patient when such decubiti began to develop and to worsen, and failed to take any steps to promote healing of such sacral and/or coccyx decubiti.”…