Elder Abuse
Case Includes Involuntary Manslaughter
Palo
Alto, CA
March
21, 2013
In Sacramento, the operator of an elder-care facility is
currently facing felony charges after the death of a resident.
The owner of Super Home Care, Silvia Cata, was arrested
and charged with felony charges of elder abuse and involuntary manslaughter
regarding the death of a woman in her care.
The resident, Georgia Holzmeister, was 88. She had
dementia and received care at Super Home Care since 2007. She died from severe
bedsores which resulted in sepsis, a toxic response to bacteria or germs. While
bedsores can be difficult to avoid entirely, the emergency room doctor who
treated her later told investigators that Holzmeister’s bedsores were typed
Stage 4, among the worst he had ever witnessed.
“This is believed to be the first time California’s
Department of Justice has filed manslaughter charges against an elder-care
caregiver regarding resident care,” stated Palo Alto elder
law attorney Michael
Gilfix.
California has rarely pursued criminal prosecution of
elder care workers. Allegations of elder abuse and neglect are typically
handled in civil court. Cata faces get as much as 12 years in prison if
convicted. Two additional allegations are that the victim suffered “great
bodily injury” and the abuse she suffered caused her death. An involuntary
manslaughter conviction carries a maximum of four years. Cata is currently in
the Sacramento County Jail, in lieu of $300,000 bail.
Cata, her spouse and her adult daughter were listed as
Holzmeister’s caregivers. Cata has been licensed in California to operate a
residential elder care facility since 1996. Though she is licensed to care for
as many as six individuals, she stated that she usually cares for two or three
residents. Previously, Cata was cited by state licensing officials for
dispensing over-the-counter medication without medical orders, poor record
keeping, and caring for a resident who was found to need a higher level of
skilled nursing care. Holzmeister’s family paid between $2,000 and $2,800
monthly for her care.
Individuals who suspect elder abuse or neglect can speak with
an elder law attorney to pursue any concerns. It is not necessary to have proof
of neglect or abuse; anyone with any concern that there may be abuse is
encouraged to file a complaint so that an investigation can begin.
SOURCE: LawFirmNewsWire
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