Harsini

BACKGROUND

In October 2017, Masomeh Harsini1 moved into Belmont, a senior living facility. Masomeh was then 83 years old and suffering from dementia. On September 8, 2019, Masomeh passed away at the age of 84. Her certificate of death stated that the causes of death were congestive heart failure exacerbation, hypertension, and Alzheimer’s dementia. Following Masomeh’s death, Mike brought an action against Belmont and Lamm, the executive director of Belmont, alleging elder abuse, violation of the Patient’s Bill of Rights, negligence, and wrongful death. Among other things, Mike alleged that, throughout Masomeh’s stay at Belmont, he and other family members had voiced complaints about the lack of care and decline of Masomeh’s condition. He further alleged that defendants were aware of the substandard level of medical care provided to residents in their facilities but negligently and consciously disregarded these issues, and therefore directly caused Masomeh’s death. The trial court sustained a demurrer

1 We refer to Mike Harsini and Masomeh Harsini by their first names for the sake of clarity; we intend no disrespect.

2 as to all counts, but gave Mike leave to amend his causes of…