A lawsuit was recently filed against Westfield Center, a nursing home, after the 2019 death of Dolores Gomez.
Westfield Center of Genesis Healthcare recently came under fire in a lawsuit over the death of a woman back in 2019. Shortly before the woman’s death, a picture of her “severely bruised and bloodied face was circulated on social media,” and now her son is looking for justice.
According to the wrongful death suit, Dolores Gomez, 86 was physically and verbally assaulted while residing at Westfield Center. Additionally, the suit, which was filed in Superior Court in Essex County in May, alleges the facility “provided improper medical care and did not follow safety measures, causing Dolores Gomez, 86, to fall and sustain serious injuries that lead to her death Oct. 28, 2019.”
Gomez’s son is represented by Maurice J. Donovan, an attorney with Barbosa & Donovan. When commenting on the suit, Donovan said:
“The complaint which was filed details the torment suffered by Mrs. Gomez prior to her untimely death…We will pursue all proper legal avenues to redress such wrongs.”
The complaint further states:
“The aforementioned assault and battery was performed intentionally, recklessly, wantonly and willfully…The above-referenced assault and battery continued unabated as a result of the deliberate indifference of the defendants.”
How has the facility responded to the allegations? Well, back in 2019, Lori Mayer, a spokesperson for Westfield Center issued the following statement:
“The safety and well-being of our patients and residents is our highest priority here at Westfield Center…There was an incident at the facility involving a resident that resulted in a fall with injuries.”
However, the suit pushes back against the facility’s claim that patient safety is its highest priority and alleges Westfield Center “allowed for Gomez to be abused, falsified her medical records and failed to notify a doctor in a timely manner of acts or omissions which affected her safety and well-being.” Additionally, the plaintiffs argue the facility “failed to hire and train enough competent people to treat and manage her care and recklessly exercised gross negligence in bed/chair transfers.”
To make matters worse, the suit alleges Gomez “suffered disabling and permanent injuries, severe physical pain, emotional pain and was caused to undergo hospitalization and expend monies for that care and treatment.” As a result, the suit argues the facility violated federal, state, and local regulations.
“Benjamin Gomez suffered and continues to suffer great, significant and severe mental distress and emotional harm, pain, suffering, and anguish which is more than fleeting…Such emotional distress … was directly and proximately caused by defendants’ conduct.”
As a result, he is seeking punitive and compensatory damages, attorney’s fees, court costs, and more.