Oroville Hospital v. Superior Court

FACTS AND HISTORY OF THE PROCEEDINGS

The Underlying Actions and Plaintiffs’ Allegations In case No. 16CV03116, plaintiffs, decedent’s children and grandchildren, commenced an action in Butte County Superior Court against defendants, asserting a cause of action to recover for the wrongful death of decedent. In case No. 17CV02568, decedent through her successor in interest, commenced a second action in the Superior Court, Butte County. Plaintiff in that action pleaded causes of action to recover for elder abuse and willful misconduct. The trial court consolidated the two actions under case No. 16CV03116. Plaintiffs in 17CV02568 alleged that, on July 9, 2015, decedent was referred by her medical provider for in-home nursing care for a pressure injury to her left ischium or buttock. Defendants evaluated decedent and began providing in-home nursing services on July 11. Decedent’s dressings were to be changed every three to four days and as needed to cover with Hydrocolloid film dressing to assist with autolytic debridement. According to plaintiffs, based on decedent’s condition, which included eschar, or a

3 blackish, scab-like covering, on her left buttock, Hydrocolloid dressings…