No. 18-5638

Deborah A. Purnell v. St. Mary's Hospital, et al.

Lower Court: California
Docketed: 2018-08-17
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights constitutional-rights due-process elder-abuse equal-protection freedom-of-information judicial-discrimination life-threatening-conditions medical-negligence reckless-medical-care reporter's-transcript
Key Terms:
DueProcess Jurisdiction
Latest Conference: 2018-09-24
Question Presented (AI Summary)

Whether statutory elder abuse inherently includes acts of violence and brutalization, reckless medical care that causes life-threatening conditions such as Stage 4 or Stage 5 bedsores/wounds/ulcers, and violations of the civil and human rights of the elderly and disabled

Question Presented (OCR Extract)

QUESTIONS PRESENTED Whether statutory elder abuse’ inherently includes acts of violence and brutalization, reckless medical care that causes life-threatening ; conditions such as Stage 4 or Stage 5 and violations of the civil and human rights of the elderly and disabled. There are conflicting rulings and questions of law regarding the constitutionality of judicial decisions involving elderly and disabled persons that exclude acts of violence, reckless medical care, and civil rights violations from statutory elder abuse claims. Whether all parties to an appeal have equal federal, state and Constitutional rights and protections under the law to purchase a true, correct and complete copy of the Reporter’s Transcript of Proceedings on Appeal, Title, Indices, and Certificates (“Reporter's Transcript on Appeal”) from the government agency that assembled, bound and/or housed it; or whether the courts can sell the public’s records to select parties in an action while refusing to sell the same records to other parties in the same action without constituting “invidious discrimination,” which is forbidden under the equal protection clause of the Fourteenth Amendment of the U.S. Constitution’ and Article 1 of the California Constitution.4 Whether due process rights and equal protection laws under the 14‘ Amendment of the U.S. Constitution, Article 1 Section 3(b)(1) of the California Constitution, California Public Records Act, Freedom of Information Act, Freedom of Information Law (California), and California 1 The definition of “elder abuse” is set forth in pertinent part in the Elder Abuse Act of 1965 aka Older Americans Act of 1965, §42 U.S.C. 3001 (revised 2016) (Pet.App.28a-44a) at p-31a(11)-(12); the Elder Justice Act (Pet.App.45a-53a) at pp.49a, §5(1) and 52a (16)(A); and in California’s Elder Abuse Act [Welfare & Institutions Code §§15600-15675] (Pet.App.54a64a) at pp.55a §15610.05(a)(1)-(2) and 64a AB2149 1. , 2 A Stage 4 bedsore/ulcer/wound is a life-threatening wound; however, a Stage 5 bedsore/ulcer/wound is the worse stage that a wound can develop into. Appellant Pastor Eugene Emmanvel Purnell (“Pastor”) had a Stage 5 bedsore/wound on his buttocks on the day he was discharged from St. Mary’s Hospital after a 5-1/2 consecutive month hospital stay. (Pet.App.143a to 148a). The Stage 5 wound/bedsore/ulcer on Pastor's buttocks caused and/or contributed to his death, which occurred one day after he was discharged to go home. (Pet.App.150a); Decl. of Oscar Lamas, RN at Pet.App.118a, 919). 3 14% Amendment of the U.S. Constitution §1 recited in part at p.2. 4 Article 1, Section 3(b)(1)(4)(5)(7) of the California Constitution recited in part at p.3. Rules of Court §8.150(a),5 individually or collectively, grant all parties to an appeal equal rights to purchase a true, correct and complete copy of the Reporter’s Transcript on Appeal that was assembled, bound by the courts, and in the court’s possession, custody and control. Whether a reviewing court can perform acts that sway the outcome of an appeal without betraying the public trust and violating the federal and state mandates that guarantee the impartiality and independence of the judiciary.

Docket Entries

2018-10-01
Petition DENIED.
2018-09-17
Waiver of right of respondent Stephen J. Schneider, M.D. to respond filed.
2018-09-17
Waiver of right of respondents Ronald Philipp, D.O., Jyoti S. Datta, M.D. to respond filed.
2018-09-06
DISTRIBUTED for Conference of 9/24/2018.
2018-08-28
Waiver of right of respondent St. Mary's Hospital, et al. to respond filed.
2018-02-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 17, 2018)

Attorneys

Deborah A. Purnell
Deborah A. Purnell — Petitioner
Ronald Philipp, D.O., Jyoti S. Datta, M.D.
Denise Herzog GreerSchmid & Voiles, Respondent
St. Mary's Hospital, et al.
Kenneth R PedrozaCOLE PEDROZA, Respondent
Stephen J. Schneider, M.D.
Aaron Jay WeissmanR.J. Ryan Law APC, Respondent