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MURRIETA: Diane Ramirez Died At Michelle Morris Small Family Home After Choking


May 3, 2019

Diane Ramirez Murrieta: 16-Year-Old Girl Diane Ramirez Died At Michelle Morris Small Family Home After Choking To Death On A Feeding Tube  –> Support The Family Though Go Fund Me 

MURRIETA, CALIFORNIA (May 3, 2019) – Angel Cadena is calling for a full investigation after her 16-year-old daughter Diane Ramirez nicknamed ‘Princess’ Diane tragically died at the Michelle Morris Small Family Home. 

Diane Ramirez has cerebral palsy and has been in foster care at Michelle Morris Small Family Home after her mother was evicted from her home. Reporters have reached out to the foster home for comment about the accident but have not heard back. 

Angel Cadena spoke with doctors about the incident. They informed her that Diane Ramirez choked to death on her own bile. Reporters from CBSLA are saying that the Michelle Morris Small Family Home has numerous complaints including allegations of abuse, inadequate employee training and inappropriate contact between a staffer and a minor. 

A Go Fund Me page has been created in order to help cover the costs for Diane Ramirez’s memorial and funeral expenses. An investigation into the girls death at the Michelle Morris Small Family Home remains ongoing at this time. 

Liability In Foster Home Deaths

Unfortunately, mistreatment and neglect of children in foster care is far too common. According to the American Society for the Positive Care of Children, 4.1 million child maltreatment referral reports are received every year. Every company has a legal obligation to take steps to make sure that their clients are well taken care of and kept safe. This is all the more imperative for caregivers of children with disabilities who are unable to care for themselves.  

According to the California Civil Code § 1714 subsection (a), “Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself.” Using a feeding tube for patients can be very dangerous if it is not done correctly. There are a number of steps that need to be taken to administer a feeding tube properly:

  1. Sit or lie with head elevated at least 30 degrees (about the height of two pillows) and remain in this position for 30 to 60 minutes after each feeding to help prevent nausea or reflux.
  2. Open (unclamp or uncap) feeding tube.
  3. Connect tip on the end of pump set into feeding tube.
  4. Set flow rate on pump to recommended mL per hour.
  5. If applicable, open roller clamp on pump set.
  6. Start the pump.
  7. After feeding, disconnect pump set from feeding tube and recap end of pump set.
  8. Use syringe to flush feeding tube with water, as directed by your healthcare professional.
  9. Close (reclamp or recap) feeding tube.

If a nurse or foster care provider does not administer a feeding tube correctly this could cause a patient to choke. Generally speaking, the company or foster home that employed the negligent health-care provider would be liable for the misconduct. Companies are generally responsible for the negligence of their employees when those employees are working within the course and scope of their job duties. 

The family of a victim that died may have legal recourse through California Civil Code 377.60. Damages in a wrongful death claim can include compensation in order to help with funeral expenses, lost wages, loss of love, emotional support and (potentially) punitive damages. A wrongful death attorney can examine all of the facts of your case and let you know what your rights are. It doesn’t cost anything to hire an attorney and they can investigate your case free of cost and get to the bottom of what happened. 

Getting Help After A Foster Care Death

We at West Coast Trial Lawyers extend our deepest condolences to Angel Cadena following the tragic and untimely death of her daughter Diane Ramirez. There needs to be a thorough investigation into what happened. Were staff at this foster care properly trained? Were they administering the feeding tube correctly? If the proper safety protocol are not put in place this could potentially happen to another innocent child.

Has someone that you loved been harmed while under the care of the Morris Small Family Home? You may have legal recourse. Our team of personal injury attorneys are here to answer any legal questions that you may have. We are committed to making sure that our clients get the justice and support that they need following an accident. Whether you need a free investigation into a particular incident or just have questions about your rights we are here for you. You can reach out to us anytime at (888) 888-9285.

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