Thursday, April 5, 2012

Tri-City Hospital refuses to release records in elder abuse case

Tri-City also tried to keep records out of the hands of the San Diego Union-Tribune.

A bizarre cover-up seems to be proceeding in an elder abuse case in North County Superior Court in which a dying man who was taking approximately 20 medications signed away his property to one of his nine children. Another of his children is suing to have the property returned to the man's surviving wife.

Tri-City Hospital apparently wants to cover up its actions in the case, in which Tri-City Hospital and the daughter who arranged the transfer of property concealed from other siblings the fact that the father had terminal cancer.

Tri-City offers three objection to the subpoena for the records. the first and second reasons for not providing the records are standard.

The third reason however reads:

"Third, the subpoena is unduly burdensome or oppressive, since deponent is not in possession of the records sought..."

Tri-City is claiming that it does not have the patient's medical records!

The daughter who obtained the property is represented by attorney Roland Achtel.

See entire pleading filed by Nicole Wells on behalf of Tri-City Medical Center.


Anonymous said...

Ms. Larkings,
I am glad you posted the case number of the Elder Abuse case pending in the North County.

As an advocate of the disabled and the elderly, I looked up the case which is public information and available for the public view at the San Diego courthouse North County Division the case number is 37-2010-150342-PR-TR-NC. Attorney Roland Achtel is representing the daughter who is accused of elder abuse and he also transcribed the living trust for the daughter who Plaintiff's have allege is fraud and flawed.

I was shocked and horrified and could not help to wonder why first of all the San Diego District Attorney Bonnie Dumanis did not do her job and protected this elderly man before he died.

Also I noticed that the Living Trust was created by the elderly man's daughter. The daughter works at the jail around the corner from the courthouse.

Maybe Bonie Dumanis did not investigate the death because she wanted to protect a public employee. We all know what that is like right?

I mean the manner in which the poor old man died was horrific and Bonnie Dumanis did not investigate the death or the circumstances of the poor old man that is incredible.

Here is a question for you or your readers, what type of attorney would draft a Living Trust for a daughter. Who secretly took her elderly ill father who could not read or write to draft a trust?

What type of attorney would draft a Living Trust for a daughter of an ill old man in which the daughter wrote part of the trust?

Wrote the checks, paid for part of the trust and became the only beneficiary of the entire trust?

I am in complete shock! I thought I had seen it all and have known a fair share of bad attorneys but attorney Roland Achtel belongs to a class of its own.

Anonymous said...

Food for thought and a word of caution:

A lot of attorneys subscribe to a web PR company; the company writes PR reviews of attorneys, these reviews are positive and many times phony or written by the attorneys friends and families.

They call them positive testimonials, so if you run into a side and asks you do rate or review an attorney.

The websites will ONLY accept and post POSITIVE reviews but NOT NEGATIVE reviews. Why? Because that is what the attorneys PAY for GOOD PR and advertisement.

If you are looking for an attorney do not trust these reviews posted on links like AVVO or Maritime and other similar PR sites.

As a matter of fact the California Bar Association does not post complaints against attorneys either. So checking up an attorney and searching attorney credentials on the California Bar Association is just as deceptive.

Read the article posted by By James C. Turner and Suzanne M. Mishkin* of the Los Angeles Daily Journal - December 16, 2002 and rest assure nothing has changed in twelve years.

Great article and enlightening, yet no one has blown the lid on the bad attorney cover up.

Here is an example attorney Roland Acthel advertises in these websites, he has practiced law for over twelve years. Yet there is only one review by one of his colleges, I just wonder how many clients have attempted to write a true review about his true qualifications and ethics or lack of them?

How many clients have attempted or made complaints to the California Bar against Mr. Achtel?

Future clients read the above article and then beware and be worried.

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