HOUSTON – Two sons and a grandson have filed suit against a Humble care facility after their decedent's death.

David Gonzales, Mario Gonzalez and Richard Garcia, individually and as personal representatives of the estate of Ruben Gonzales, deceased filed a complaint on Nov. 21 in the Harris County District Court against Diversicare Humble LLC, doing business as Oakmont Healthcare and Rehabilitation Center of Humble LLC, et al. alleging wrongful death.

According to the complaint, Ruben Gonzales was admitted to Oakmont in April 2016 for long-term care due to dementia and other ailments. The suit states that on Oct. 26, 2016, he was found by staff on the floor without a witness to his fall and that he fell again Dec. 8, 2016.

The suit states the decedent was later diagnosed with a cervical spinal fracture because of a fall and was not able to undergo surgery because of his age and the nature of the injury. He died Dec. 9, 2016, the suit states.

The plaintiffs hold Diversicare Humble LLC, et al. responsible because the defendants allegedly failed to prevent avoidable falls and failed to implement proper care plan according to decedent's needs and fall risk.

The plaintiffs request a trial by jury and seek monetary relief of more than $200,000 but not more than $1 million and such other relief that are lawful and equitable. They are represented by Mary E. Green and Kristina Frankel of Brown & Brothers in Houston.

Harris County District Court case number 2017-78285




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