`
`Plaintiff,
`
`
`
`
`
`
`
`IN THE CIRCUIT COURT OF THE 6TH
`JUDICIAL CIRCUIT,
`IN AND FOR
`PINELLAS COUNTY
`
`
`CASE NO.:
`
`
`PETER MCMASTER, Personal Representative
`to the Estate of LORETTA MCMASTER,
`
`
`
`vs.
`
`
`MANOR CARE OF DUNEDIN FL, LLC d/b/a
`MANORCARE
`HEALTH
`SERVICES
`DUNEDIN; HCR III HEALTHCARE, LLC;
`and PROMEDICA HEALTH SYSTEM, INC.
`
`Defendant(s).
`
`_____________________________________/
`
`COMPLAINT
`
`
`
`
`COMES NOW the Plaintiff, PETER MCMASTER, Personal Representative to the Estate
`
`of LORETTA MCMASTER, by and through undersigned counsel, and sues the Defendants,
`
`MANOR CARE OF DUNEDIN FL, LLC d/b/a MANORCARE HEALTH SERVICES
`
`DUNEDIN (hereinafter referred to as “LICENSEE”), HCR III HEALTHCARE, LLC (hereinafter
`
`referred to as “MANAGEMENT”), and PROMEDICA HEALTH SYSTEM, INC. (hereinafter
`
`referred to as “CORPORATE”) and alleges:
`
`GENERAL JURISDICTIONAL ALLEGATIONS
`
`1.
`
`This is a cause of action for damages, which exceeds Thirty Thousand Dollars
`
`($30,000.00), exclusive of costs, interest, and attorney’s fees, and is being filed within the
`
`applicable statute of limitations.
`
`***ELECTRONICALLY FILED 01/13/2022 04:54:47 PM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY***
`
`
`
`2.
`
`All conditions precedent to the filing of this action, including compliance with the
`
`notice provisions of Chapter 400, have been met or waived.
`
`3.
`
`This action is being brought by the Plaintiff for violations of Chapter 400 against
`
`LICENSEE, MANAGEMENT, and CORPORATE while LORETTA MCMASTER (hereinafter
`
`referred to as “RESIDENT”) was a resident at the Defendants’ nursing home located in Pinellas
`
`County, Florida (hereafter “the nursing home” or “the facility”).
`
`4.
`
`5.
`
`6.
`
`At all times material, RESIDENT was a resident of Florida.
`
`At all times material, Peter McMaster is the son of RESIDENT.
`
`At all times material, Peter McMaster is appointed as the Personal Representative
`
`of the Estate of RESIDENT and is the proper party to bring this action. See Exhibit “A”, Order
`
`Appointing Personal Representative.
`
`7.
`
`At all times material, LICENSEE, was a company doing business in the county in
`
`which the subject nursing home is located.
`
`8.
`
`LICENSEE committed tortious acts against RESIDENT in the State of Florida.
`
`Each tortious act is specifically alleged in the subsequent counts. Accordingly, LICENSEE is
`
`subject to the jurisdiction of the courts of the State of Florida.
`
`9.
`
`At all times material, MANAGEMENT, was a company doing business in the
`
`county in which the subject nursing home is located.
`
`10. MANAGEMENT committed tortious acts against RESIDENT in the State of
`
`Florida. Each tortious act is specifically alleged in the subsequent counts. Accordingly,
`
`MANAGEMENT is subject to the jurisdiction of the courts of the State of Florida.
`
`11.
`
`At all times material, CORPORATE, was a company doing business in the county
`
`in which the subject nursing home is located.
`
`
`
`12.
`
`CORPORATE committed tortious acts against RESIDENT in the State of Florida.
`
`Each tortious act is specifically alleged in the subsequent counts. Accordingly, CORPORATE is
`
`subject to the jurisdiction of the courts of the State of Florida.
`
`13.
`
`Venue is appropriate in this action as the events giving rise to the cause of action
`
`occurred in the county where the subject nursing home is located, one or more of the Defendant(s)
`
`operates and does business in the county where the subject nursing home is located, and the
`
`Plaintiff resides in the county where the subject nursing home is located.
`
`14.
`
`At all times material hereto, the Defendant facility was subject to the provisions of
`
`Chapter 400 of Florida Statutes, Titles 10 and 59 of the Florida Administrative Code, and OBRA
`
`1987, which set the standards for operating nursing homes such as this facility
`
`15.
`
`16.
`
`This Complaint is being filed within the applicable statute of limitations period.
`
`The undersigned certifies a good faith basis for bringing this action.
`
`ALLEGATIONS AGAINST LICENSEE
`
`17.
`
`At all times material hereto, the Defendant, LICENSEE, was the licensee of the
`
`nursing home facility, which was authorized to do business in the State of Florida and to operate
`
`the subject nursing home and is subject to the provisions of Florida Statutes Chapter 400.
`
`18.
`
`At all times material hereto, the Defendant, LICENSEE employed the nurses and
`
`caretakers at the facility and is therefore responsible for their tortious conduct.
`
`19.
`
`At all times material hereto, the Defendant, LICENSEE, was operating the subject
`
`facility and/or had a non-delegable duty to ensure reasonable operation of the facility and
`
`reasonable care to residents, as the licensee of the facility, licensed as a nursing home as that term
`
`is defined in Florida Statutes Chapter 400.
`
`
`
`20.
`
`At all times material hereto, the Defendant, LICENSEE, owed a duty to its residents
`
`to exercise reasonable care in its operation of the subject nursing home according to §400.023(3),
`
`Florida Statutes
`
`ALLEGATIONS AGAINST MANAGEMENT
`
`21.
`
`At all times material, MANAGEMENT, was a “management or consulting
`
`company” of the nursing home as defined under Chapter 400.023 of the Florida Statutes.
`
`22.
`
`At all times material hereto the Defendant, MANAGEMENT, was in the business
`
`of owning, managing, and/or maintaining nursing and convalescent homes and related health care
`
`facilities, including the subject facility.
`
`23.
`
`At all times material hereto, the Defendant, MANAGEMENT, was the
`
`management company for the subject facility, which was licensed as a nursing home as that term
`
`is defined in Florida Statutes Chapter 400.
`
`24.
`
`At all times material hereto, the Defendant, MANAGEMENT, controlled, or had
`
`the ability to control, the budget at LICENSEE.
`
`25.
`
`At all times material hereto, the Defendant, MANAGEMENT, controlled, or had
`
`the ability to control, staffing levels at LICENSEE.
`
`26.
`
`At all times material hereto, the Defendant, MANAGEMENT, controlled, or had
`
`the ability to control, the hiring and firing of the administrator of LICENSEE.
`
`27.
`
`At all times material hereto, the Defendant, MANAGEMENT, controlled, or had
`
`the ability to control, the policies and procedures at LICENSEE.
`
`28.
`
`At all times material hereto, the Defendant, MANAGEMENT, was operating the
`
`Defendants’ facility and/or had a non-delegable duty to ensure reasonable operation of the facility
`
`
`
`and reasonable care to residents, as the management company for the facility, which was licensed
`
`as a nursing home as that term is defined in Florida Statutes Chapter 400.
`
`29.
`
`At all times material hereto, MANAGEMENT owed a duty to its residents to
`
`exercise reasonable care in its operation of the subject nursing home according to §400.023(3),
`
`Florida Statutes.
`
`ALLEGATIONS AGAINST CORPORATE
`
`30.
`
`At all times material, CORPORATE, was a “management or consulting company”
`
`of the nursing home as defined under Chapter 400.023 of the Florida Statutes.
`
`31.
`
`At all times material hereto the Defendant, CORPORATE, was in the business of
`
`actively owning, managing, and/or maintaining nursing and convalescent homes and related health
`
`care facilities, including the subject facility.
`
`32.
`
`At all times material hereto, the Defendant, CORPORATE, was actively operating
`
`the subject facility, which was licensed as a nursing home as that term is defined in Florida Statutes
`
`Chapter 400.
`
`33.
`
`At all times material hereto, the Defendant, CORPORATE, controlled, or had the
`
`ability to control, the budget at LICENSEE.
`
`34.
`
`At all times material hereto, the Defendant, CORPORATE, controlled, or had the
`
`ability to control, staffing levels at LICENSEE.
`
`35.
`
`At all times material hereto, the Defendant, CORPORATE, controlled, or had the
`
`ability to control, the hiring and firing of the administrator of LICENSEE.
`
`36.
`
`At all times material hereto, the Defendant, CORPORATE, controlled, or had the
`
`ability to control, the policies and procedures at LICENSEE.
`
`
`
`37.
`
`At all times material hereto, the Defendant, CORPORATE, was operating the
`
`Defendants’ facility and/or had a non-delegable duty to ensure reasonable operation of the facility
`
`and reasonable care to residents, as the management company for the facility, which was licensed
`
`as a nursing home as that term is defined in Florida Statutes Chapter 400.
`
`38.
`
`At all times material hereto, CORPORATE owed a duty to its residents to exercise
`
`reasonable care in its operation of the subject nursing home according to §400.023(3), Florida
`
`Statutes.
`
`FACTS GIVING RISE TO THIS CAUSE OF ACTION
`
`39.
`
`RESIDENT was admitted to the Defendants’ nursing home for care and supervision
`
`relating to ongoing medical conditions and cognitive changes.
`
`40.
`
`At all times material, RESIDENT was at risk for preventable injuries including but
`
`not limited to skin breakdown, falls, wandering, infection, malnutrition, and dehydration.
`
`41.
`
`During admission and at all times material, RESIDENT was vulnerable and unable
`
`to care for themselves and was dependent on facility staff for assistance in performing their
`
`activities of daily living.
`
`42.
`
`RESIDENT required supervision and assistance with their day to day function from
`
`facility staff to remain safe and free from harm, abuse, and preventable injury.
`
`43.
`
`Defendants owed a duty to provide the reasonable care, supervision, and assistance
`
`that RESIDENT needed while RESIDENT resided at their facility.
`
`44.
`
`Despite this, Defendants by and through their staff, negligently failed to provide
`
`the required reasonable care, supervision, and assistance to RESIDENT.
`
`45.
`
`As a result of these failures, RESIDENT suffered preventable injury.
`
`
`
`46.
`
`Specifically, as a result of Defendants’ negligence, RESIDENT suffered
`
`preventable injury, including but not limited to multiple falls.
`
`47.
`
`The aforementioned injuries plagued RESIDENT until her death on July 2, 2020.
`
`WRONGFUL DEATH DAMAGES
`
`48.
`
`RESIDENT wrongfully died on or around July 2, 2020 as a direct and proximate
`
`result of the Defendant’s negligence, more fully described above and below.
`
`49.
`
`As a direct and proximate result of the negligence outlined above and below, the
`
`Estate of RESIDENT and the survivors of the Estate, including but not limited to PETER
`
`MCMASTER (son) is/are entitled to all damages recoverable for the wrongful death caused by the
`
`Defendant, as alleged above and below, including but not limited to:
`
`i. Any and all damages available under the wrongful death statute;
`
`ii. Medical bills and expenses;
`
`iii.
`
`iv.
`
`v.
`
`Funeral expenses;
`
`Loss of net accumulations;
`
`The survivor(s) have suffered mental pain and suffering, past and future, which will
`
`continue for the rest of their life, and they have suffered the loss of services,
`
`consortium, society, comfort and support of the decedent, and have incurred
`
`medical and funeral expenses as a result of the decedent’s death, and have suffered
`
`the loss of the decedent’s love and companionship.
`
`SURVIVAL DAMAGES
`
`50.
`
`Alternatively, if these injuries did not cause RESIDENT’s death, the Estate of
`
`RESIDENT claims all damages recoverable under a survival action, including but not limited to
`
`the non-economic and economic damages of the decedent for bodily injury and resulting pain and
`
`
`
`suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life,
`
`expense of hospitalization, medical and nursing care and treatment, and aggravation of a
`
`previously existing condition, from the time of injury of RESIDENT to the time of their death.
`
`These survival damages occurred as a direct and proximate result of the negligence of the
`
`Defendants(s) outlined above and below.
`
`COUNT I:
`RESIDENT v. LICENSEE – WRONGFUL DEATH
`
`Plaintiff re-adopts and re-alleges paragraphs 1 through 49 and further alleges:
`
`Defendant, LICENSEE, through its employees, agents and apparent agents were
`
`51.
`
`52.
`
`below the standard of care and thus violated the Chapter 400 rights of RESIDENT as follows:
`
`i.
`ii.
`iii.
`
`iv.
`v.
`vi.
`
`vii.
`viii.
`
`ix.
`x.
`xi.
`xii.
`xiii.
`xiv.
`xv.
`xvi.
`
`xvii.
`xviii.
`xix.
`
`xx.
`xxi.
`xxii.
`
`Failing to prevent physical injury and abuse to the resident;
`Failing to properly assess skin breakdown, pressure ulcers and infection;
`Failing to institute appropriate preventative measures and monitoring for skin
`breakdown, pressure ulcers and infection;
`Failing to prevent skin breakdown, pressure ulcers and infection;
`Failing to properly respond to skin breakdown, pressure ulcers and infection;
`Failing to properly assess risk of falls, wandering, transfer injuries and
`unsupervised ambulation;
`Failing to prevent falls, wandering, transfer injuries, and unsupervised ambulation;
`Failing to properly respond to falls, wandering, transfer injuries, and unsupervised
`ambulation;
`Failing to properly supervise at-risk residents;
`Failing to keep common areas clean of fall hazards;
`Failing to document the resident’s injuries;
`Failing to inform family members of serious changes in condition;
`Failing to treat the resident for injuries and report abnormalities;
`Failing to provide appropriate hygiene;
`Failing to keep the resident clean and to change diapers and linens;
`Failing to report the resident’s signs of injury/illness to her/her healthcare
`providers;
`Failing to timely provide outside consultation with physicians and specialists;
`Failing to timely transfer the resident to a higher care facility;
`Failing to inform the resident’s family of the resident’s unexplained injuries and/or
`deteriorated condition;
`Failing to follow physician’s orders;
`Failing to provide appropriate nutrition and hydration to the resident;
`Failing to properly assess and prevent dehydration and malnutrition;
`
`
`
`xxiii.
`xxiv.
`xxv.
`xxvi.
`xxvii.
`xxviii.
`xxix.
`
`Failing to uphold rights to dignity of the resident
`Failing to follow state and federal regulations to protect nursing home residents;
`Failing to appropriately staff and train employees and agents;
`Failing to provide appropriate budgeting for the subject facility;
`Failing to provide appropriate policies and procedures to the subject facility;
`Failing to provide medication when required; and
`Failing to provide the resident with safety, well-being, and appropriate healthcare
`under all the circumstances.
`
`53.
`
`The above negligence occurred from the actions and omissions of employees,
`
`
`
`agents and apparent agents of Defendant, LICENSEE, while in the course and scope of their
`
`employment, agency and/or apparent agency.
`
`54.
`
`As a direct and proximate result of said negligence, RESIDENT wrongfully died.
`
`WHEREFORE, the Plaintiff, ESTATE of RESIDENT and its survivors, demand judgment
`
`for damages against Defendant, LICENSEE, and further demand a trial by jury of all issues so
`
`triable.
`
`55.
`
`56.
`
`COUNT II:
`RESIDENT v. MANAGEMENT – WRONGFUL DEATH
`
`Plaintiff re-adopts and re-alleges paragraphs 1 through 49 and further alleges:
`
`Defendant, MANAGEMENT, through its employees, agents and apparent agents
`
`were below the standard of care and thus violated the Chapter 400 rights of RESIDENT as follows:
`
`i.
`ii.
`iii.
`
`iv.
`v.
`vi.
`
`vii.
`viii.
`
`ix.
`x.
`xi.
`
`Failing to prevent physical injury and abuse to the resident;
`Failing to properly assess skin breakdown, pressure ulcers and infection;
`Failing to institute appropriate preventative measures and monitoring for skin
`breakdown, pressure ulcers and infection;
`Failing to prevent skin breakdown, pressure ulcers and infection;
`Failing to properly respond to skin breakdown, pressure ulcers and infection;
`Failing to properly assess risk of falls, wandering, transfer injuries and
`unsupervised ambulation;
`Failing to prevent falls, wandering, transfer injuries, and unsupervised ambulation;
`Failing to properly respond to falls, wandering, transfer injuries, and unsupervised
`ambulation;
`Failing to properly supervise at-risk residents;
`Failing to keep common areas clean of fall hazards;
`Failing to document the resident’s injuries;
`
`
`
`xii.
`xiii.
`xiv.
`xv.
`xvi.
`
`xvii.
`xviii.
`xix.
`
`xx.
`xxi.
`xxii.
`xxiii.
`xxiv.
`xxv.
`xxvi.
`xxvii.
`xxviii.
`xxix.
`
`Failing to inform family members of serious changes in condition;
`Failing to treat the resident for injuries and report abnormalities;
`Failing to provide appropriate hygiene;
`Failing to keep the resident clean and to change diapers and linens;
`Failing to report the resident’s signs of injury/illness to her/her healthcare
`providers;
`Failing to timely provide outside consultation with physicians and specialists;
`Failing to timely transfer the resident to a higher care facility;
`Failing to inform the resident’s family of the resident’s unexplained injuries and/or
`deteriorated condition;
`Failing to follow physician’s orders;
`Failing to provide appropriate nutrition and hydration to the resident;
`Failing to properly assess and prevent dehydration and malnutrition;
`Failing to uphold rights to dignity of the resident
`Failing to follow state and federal regulations to protect nursing home residents;
`Failing to appropriately staff and train employees and agents;
`Failing to provide appropriate budgeting for the subject facility;
`Failing to provide appropriate policies and procedures to the subject facility;
`Failing to provide medication when required; and
`Failing to provide the resident with safety, well-being, and appropriate healthcare
`under all the circumstances.
`
`57.
`
`The above negligence occurred from the actions and omissions of employees,
`
`
`
`agents and apparent agents of Defendant, MANAGEMENT, while in the course and scope of their
`
`employment, agency and/or apparent agency.
`
`58.
`
`As a direct and proximate result of said negligence, RESIDENT wrongfully died.
`
`WHEREFORE, the Plaintiff, ESTATE of RESIDENT and its survivors, demand judgment
`
`for damages against Defendant, MANAGEMENT, and further demand a trial by jury of all issues
`
`so triable.
`
`59.
`
`60.
`
`COUNT III:
`RESIDENT v. CORPORATE – WRONGFUL DEATH
`
`Plaintiff re-adopts and re-alleged paragraphs 1 through 49 and further alleges:
`
`Defendant, CORPORATE, through its employees, agents and apparent agents were
`
`below the standard of care and thus violated the Chapter 400 rights of RESIDENT as follows:
`
`i.
`
`Failing to prevent physical injury and abuse to the resident;
`
`
`
`ii.
`iii.
`
`iv.
`v.
`vi.
`
`vii.
`viii.
`
`ix.
`x.
`xi.
`xii.
`xiii.
`xiv.
`xv.
`xvi.
`
`xvii.
`xviii.
`xix.
`
`xx.
`xxi.
`xxii.
`xxiii.
`xxiv.
`xxv.
`xxvi.
`xxvii.
`xxviii.
`xxix.
`
`Failing to properly assess skin breakdown, pressure ulcers and infection;
`Failing to institute appropriate preventative measures and monitoring for skin
`breakdown, pressure ulcers and infection;
`Failing to prevent skin breakdown, pressure ulcers and infection;
`Failing to properly respond to skin breakdown, pressure ulcers and infection;
`Failing to properly assess risk of falls, wandering, transfer injuries and
`unsupervised ambulation;
`Failing to prevent falls, wandering, transfer injuries, and unsupervised ambulation;
`Failing to properly respond to falls, wandering, transfer injuries, and unsupervised
`ambulation;
`Failing to properly supervise at-risk residents;
`Failing to keep common areas clean of fall hazards;
`Failing to document the resident’s injuries;
`Failing to inform family members of serious changes in condition;
`Failing to treat the resident for injuries and report abnormalities;
`Failing to provide appropriate hygiene;
`Failing to keep the resident clean and to change diapers and linens;
`Failing to report the resident’s signs of injury/illness to her/her healthcare
`providers;
`Failing to timely provide outside consultation with physicians and specialists;
`Failing to timely transfer the resident to a higher care facility;
`Failing to inform the resident’s family of the resident’s unexplained injuries and/or
`deteriorated condition;
`Failing to follow physician’s orders;
`Failing to provide appropriate nutrition and hydration to the resident;
`Failing to properly assess and prevent dehydration and malnutrition;
`Failing to uphold rights to dignity of the resident
`Failing to follow state and federal regulations to protect nursing home residents;
`Failing to appropriately staff and train employees and agents;
`Failing to provide appropriate budgeting for the subject facility;
`Failing to provide appropriate policies and procedures to the subject facility;
`Failing to provide medication when required; and
`Failing to provide the resident with safety, well-being, and appropriate healthcare
`under all the circumstances.
`
`61.
`
`The above negligence occurred from the actions and omissions of employees,
`
`
`
`agents and apparent agents of Defendant, CORPORATE, while in the course and scope of their
`
`employment, agency and/or apparent agency.
`
`62.
`
`As a direct and proximate result of said negligence, RESIDENT wrongfully died.
`
`
`
`WHEREFORE, the Plaintiff, ESTATE of RESIDENT and its survivors, demand judgment
`
`for damages against Defendant, CORPORATE, and further demand a trial by jury of all issues so
`
`triable.
`
`63.
`
`alleges:
`
`COUNT IV:
`RESIDENT v. LICENSEE – SURVIVAL CLAIM
`
`Plaintiff re-adopts and re-alleges paragraphs 1 through 47 and 50 and further
`
`64.
`
`Defendant, LICENSEE, through its employees, agents and apparent agents were
`
`below the standard of care and thus violated the Chapter 400 rights of RESIDENT as follows:
`
`i.
`ii.
`iii.
`
`iv.
`v.
`vi.
`
`vii.
`viii.
`
`ix.
`x.
`xi.
`xii.
`xiii.
`xiv.
`xv.
`xvi.
`
`xvii.
`xviii.
`xix.
`
`xx.
`xxi.
`xxii.
`xxiii.
`xxiv.
`
`Failing to prevent physical injury and abuse to the resident;
`Failing to properly assess skin breakdown, pressure ulcers and infection;
`Failing to institute appropriate preventative measures and monitoring for skin
`breakdown, pressure ulcers and infection;
`Failing to prevent skin breakdown, pressure ulcers and infection;
`Failing to properly respond to skin breakdown, pressure ulcers and infection;
`Failing to properly assess risk of falls, wandering, transfer injuries and
`unsupervised ambulation;
`Failing to prevent falls, wandering, transfer injuries, and unsupervised ambulation;
`Failing to properly respond to falls, wandering, transfer injuries, and unsupervised
`ambulation;
`Failing to properly supervise at-risk residents;
`Failing to keep common areas clean of fall hazards;
`Failing to document the resident’s injuries;
`Failing to inform family members of serious changes in condition;
`Failing to treat the resident for injuries and report abnormalities;
`Failing to provide appropriate hygiene;
`Failing to keep the resident clean and to change diapers and linens;
`Failing to report the resident’s signs of injury/illness to her/her healthcare
`providers;
`Failing to timely provide outside consultation with physicians and specialists;
`Failing to timely transfer the resident to a higher care facility;
`Failing to inform the resident’s family of the resident’s unexplained injuries and/or
`deteriorated condition;
`Failing to follow physician’s orders;
`Failing to provide appropriate nutrition and hydration to the resident;
`Failing to properly assess and prevent dehydration and malnutrition;
`Failing to uphold rights to dignity of the resident
`Failing to follow state and federal regulations to protect nursing home residents;
`
`
`
`xxv.
`xxvi.
`xxvii.
`xxviii.
`xxix.
`
`
`65.
`
`Failing to appropriately staff and train employees and agents;
`Failing to provide appropriate budgeting for the subject facility;
`Failing to provide appropriate policies and procedures to the subject facility;
`Failing to provide medication when required; and
`Failing to provide the resident with safety, well-being, and appropriate healthcare
`under all the circumstances.
`
`The above negligence occurred from the actions and omissions of employees,
`
`agents and apparent agents of Defendant, LICENSEE, while in the course and scope of their
`
`employment, agency and/or apparent agency.
`
`66.
`
`As a direct and proximate result of the Defendant’s deprivation of and infringement
`
`upon RESIDENT’s Chapter 400 rights as alleged in this Complaint, which includes the above
`
`alleged negligence, RESIDENT suffered bodily injury and resulting pain and suffering, disability
`
`disfigurement, mental anguish, loss of capacity for the enjoyment of life, expense of
`
`hospitalization, medical and nursing care and treatment, and aggravation of a previously existing
`
`condition.
`
`WHEREFORE, the Plaintiff, ESTATE of RESIDENT, demands judgment for damages
`
`against Defendant, LICENSEE, and further demands a trial by jury of all issues so triable.
`
`COUNT V:
`RESIDENT v. MANAGEMENT – SURVIVAL CLAIM
`
`67.
`
`Plaintiff re-adopts and re-alleges paragraphs 1 through 47 and 50 and further
`
`alleges:
`
`68.
`
`Defendant, MANAGEMENT, through its employees, agents and apparent agents
`
`were below the standard of care and thus violated the Chapter 400 rights of RESIDENT as follows:
`
`i.
`ii.
`iii.
`
`iv.
`v.
`
`Failing to prevent physical injury and abuse to the resident;
`Failing to properly assess skin breakdown, pressure ulcers and infection;
`Failing to institute appropriate preventative measures and monitoring for skin
`breakdown, pressure ulcers and infection;
`Failing to prevent skin breakdown, pressure ulcers and infection;
`Failing to properly respond to skin breakdown, pressure ulcers and infection;
`
`
`
`vi.
`
`vii.
`viii.
`
`ix.
`x.
`xi.
`xii.
`xiii.
`xiv.
`xv.
`xvi.
`
`xvii.
`xviii.
`xix.
`
`xx.
`xxi.
`xxii.
`xxiii.
`xxiv.
`xxv.
`xxvi.
`xxvii.
`xxviii.
`xxix.
`
`
`69.
`
`Failing to properly assess risk of falls, wandering, transfer injuries and
`unsupervised ambulation;
`Failing to prevent falls, wandering, transfer injuries, and unsupervised ambulation;
`Failing to properly respond to falls, wandering, transfer injuries, and unsupervised
`ambulation;
`Failing to properly supervise at-risk residents;
`Failing to keep common areas clean of fall hazards;
`Failing to document the resident’s injuries;
`Failing to inform family members of serious changes in condition;
`Failing to treat the resident for injuries and report abnormalities;
`Failing to provide appropriate hygiene;
`Failing to keep the resident clean and to change diapers and linens;
`Failing to report the resident’s signs of injury/illness to her/her healthcare
`providers;
`Failing to timely provide outside consultation with physicians and specialists;
`Failing to timely transfer the resident to a higher care facility;
`Failing to inform the resident’s family of the resident’s unexplained injuries and/or
`deteriorated condition;
`Failing to follow physician’s orders;
`Failing to provide appropriate nutrition and hydration to the resident;
`Failing to properly assess and prevent dehydration and malnutrition;
`Failing to uphold rights to dignity of the resident
`Failing to follow state and federal regulations to protect nursing home residents;
`Failing to appropriately staff and train employees and agents;
`Failing to provide appropriate budgeting for the subject facility;
`Failing to provide appropriate policies and procedures to the subject facility;
`Failing to provide medication when required; and
`Failing to provide the resident with safety, well-being, and appropriate healthcare
`under all the circumstances.
`
`The above negligence occurred from the actions and omissions of employees,
`
`agents and apparent agents of Defendant, MANAGEMENT, while in the course and scope of their
`
`employment, agency and/or apparent agency.
`
`70.
`
`As a direct and proximate result of the Defendant’s deprivation of and infringement
`
`upon RESIDENT’s Chapter 400 rights as alleged in this Complaint, which includes the above
`
`alleged negligence, RESIDENT suffered bodily injury and resulting pain and suffering, disability
`
`disfigurement, mental anguish, loss of capacity for the enjoyment of life, expense of
`
`
`
`hospitalization, medical and nursing care and treatment, and aggravation of a previously existing
`
`condition.
`
`WHEREFORE, the Plaintiff, ESTATE of RESIDENT, demands judgment for damages
`
`against Defendant, MANAGEMENT, and further demands a trial by jury of all issues so triable.
`
`COUNT VI:
`RESIDENT v. CORPORATE – SURVIVAL CLAIM
`
`71.
`
`Plaintiff re-adopts and re-alleges paragraphs 1 through 47 and 50 and further
`
`alleges:
`
`72.
`
`Defendant, CORPORATE, through its employees, agents and apparent agents were
`
`below the standard of care and thus violated the Chapter 400 rights of RESIDENT as follows:
`
`i.
`ii.
`iii.
`
`iv.
`v.
`vi.
`
`vii.
`viii.
`
`ix.
`x.
`xi.
`xii.
`xiii.
`xiv.
`xv.
`xvi.
`
`xvii.
`xviii.
`xix.
`
`xx.
`xxi.
`xxii.
`
`Failing to prevent physical injury and abuse to the resident;
`Failing to properly assess skin breakdown, pressure ulcers and infection;
`Failing to institute appropriate preventative measures and monitoring for skin
`breakdown, pressure ulcers and infection;
`Failing to prevent skin breakdown, pressure ulcers and infection;
`Failing to properly respond to skin breakdown, pressure ulcers and infection;
`Failing to properly assess risk of falls, wandering, transfer injuries and
`unsupervised ambulation;
`Failing to prevent falls, wandering, transfer injuries, and unsupervised ambulation;
`Failing to properly respond to falls, wandering, transfer injuries, and unsupervised
`ambulation;
`Failing to properly supervise at-risk residents;
`Failing to keep common areas clean of fall hazards;
`Failing to document the resident’s injuries;
`Failing to inform family members of serious changes in condition;
`Failing to treat the resident for injuries and report abnormalities;
`Failing to provide appropriate hygiene;
`Failing to keep the resident clean and to change diapers and linens;
`Failing to report the resident’s signs of injury/illness to her/her healthcare
`providers;
`Failing to timely provide outside consultation with physicians and specialists;
`Failing to timely transfer the resident to a higher care facility;
`Failing to inform the resident’s family of the resident’s unexplained injuries and/or
`deteriorated condition;
`Failing to follow physician’s orders;
`Failing to provide appropriate nutrition and hydration to the resident;
`Failing to properly assess and prevent dehydration and malnutrition;
`
`
`
`xxiii.
`xxiv.
`xxv.
`xxvi.
`xxvii.
`xxviii.
`xxix.
`
`Failing to uphold rights to dignity of the resident
`Failing to follow state and federal regulations to protect nursing home residents;
`Failing to appropriately staff and train employees and agents;
`Failing to provide appropriate budgeting for the subject facility;
`Failing to provide appropriate policies and procedures to the subject facility;
`Failing to provide medication when required; and
`Failing to provide the resident with safety, well-being, and appropriate healthcare
`under all the circumstances.
`
`73.
`
`The above negligence occurred from the actions and omissions of employees,
`agents and apparent agents of Defendant, CORPORATE, while in the course and scope of their
`employment, agency and/or apparent agency.
`As a direct and proximate result ofthe Defendant’s deprivation of and infringement
`upon RESIDENT’S Chapter 400 rights as alleged in this Complaint, which includes the above
`
`74.
`
`alleged negligence, RESIDENT suffered bodily injury and resulting pain and suffering, disability
`the enjoyment of life, expense of
`loss of capacity for
`disfigurement, mental anguish,
`hospitalization, medical and nursing care and treatment, and aggravation of a previously existing
`condition.
`
`WHEREFORE, the Plaintiff, ESTATE of RESIDENT, demands judgment for damages
`against Defendant, CORPORATE, and further demands a trial by jury of all issues so triable.
`DATED this 13th day of January 2022.
`
`/s/ 'Dau-icl ty. ‘&ieuc(a,
`David J. Brevda, Esq.
`Florida Bar No.: 1008373
`Senior Justice Law Firm
`7700 Congress Ave
`Suite 3216
`Boca Raton, FL 33487
`Phone: (561) 717-0813
`Fax: (561) 708-6781
`Email: eservice@SeniorJustice.com
`Attorneys for Plaintiff
`
`
`
`Exhibit A
`Exhibit A
`
`
`
`Filing # 133956968 E-Filed 09/02/2021 03:23:54 PM
`FILED 09/07/2021 11:07:47 KEN BURKE, CLERK OF THE CIRCUIT COURT AND COMPTROLLER, PINELLAS COUNTY FLORIDA
`
`IN THE CIRCUIT COURT FOR THE 6TH JUDICIAL CIRCUIT,
`IN AND FOR PINELLAS COUNTY, FLORIDA
`
`Deceased._! PROBATE DIVISION
`ORDEREDon.
`
`IN RE: ESTATE OF
`LORETTA MCMASTER
`
`File No. 21006652ES
`
`ORDER APPOINTING PERSONAL REPRESENTATIVE
`(Intestate)
`On the petition of PETER MCMAS