Recently, our Boynton Beach injury lawyers filed a lawsuit against Bethesda Hospital East. The case against Bethesda Hospital in Boynton alleges medical malpractice resulting in a hospital acquired pressure ulcer, also known as a bedsore. Hospital bed sores are a ‘never event’ in medicine; meaning they should never occur.
Our lawyers routinely handle cases against Bethesda Hospital, as well as other local Palm Beach County hospital facilities. Below is the actual filed Complaint against Bethesda Hospital:
The Text of the Lawsuit Against Bethesda Hospital East for a Hospital Acquired Bedsore
IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY
BETHESDA HOSPITAL, INC.
COMPLAINT FOR DAMAGES
Plaintiff, DARRYL LONDON, hereby sues the Defendant, BETHESDA HOSPITAL, INC. and alleges:
General Allegations Against Bethesda Hospital, Inc.
1. This is an action for injuries sustained by DARRYL LONDON while a patient at BETHESDA HOSPITAL.
2. The amount in controversy exceeds $15,000.00, exclusive of interest and costs.
3. Venue is proper in this Circuit because the Plaintiff resides in Palm Beach County and the events on which this claim is based occurred in Palm Beach County, Florida, and the Defendant, BETHESDA HOSPITAL, INC. is a Florida corporation, authorized and doing business in Palm Beach County, Florida as a hospital in Palm Beach County.
4. At all times material hereto, BETHESDA HOSPITAL, INC. (hereafter referred to as “BETHESDA HOSPITAL”) was a Florida corporation and owned and operated the hospital known as “BETHESDA HOSPITAL” in Palm Beach County, Florida.
5. At all times material hereto, the hospital staff referenced herein were in the course and scope of their employment with BETHESDA HOSPITAL.
6. At all times material, Plaintiff is an adult resident of Palm Beach County, Florida.
7. Plaintiff has satisfied all conditions precedent pursuant to Chapter 766, Florida Statutes, and/or those conditions have been waived.
8. This Complaint is being filed within the applicable statute of limitations.
Facts Giving Rise to this Cause of Action
9. At all times material, DARRYL LONDON was an independent, fully functioning 52 year old adult.
10. On or around March 18, 2017, DARRYL LONDON was riding his bicycle with his son.
11. Unfortunately, he hit a pothole and was thrown off his bike, suffering injury. He was rushed to Bethesda Hospital East where he was diagnosed with 9 rib fractures and a punctured lung. Mr. London was diagnosed with respiratory failure and intubated. Despite his bicycle-related injuries, Mr. London’s skin on his sacrum and buttocks was intact upon admission to Bethesda.
12. At all times material, DARRYL LONDON was unable to move himself in bed and relied on the hospital staff to be repositioned.
13. Despite this need, DARRYL LONDON was not properly repositioned and developed deep hospital acquired pressure ulcers (bed sores), a “never event” in healthcare.
COUNT I – CH. 766 – LONDON V. BETHESDA HOSPITAL
Plaintiff adopts and re-alleges paragraphs 1 through 13 and further alleges:
14. At all times material hereto, Defendant, BETHESDA HOSPITAL, by and through its employees, agents, apparent agents, and staff, had a duty both by contract and law, to properly, competently, and adequately render health care to DARRYL LONDON, including but not limited to providing the necessary care, support and treatment in accordance with the generally accepted standards of care.
15. BETHESDA HOSPITAL violated that duty and failed to administer health care in accord with the prevailing professional standard of care through its employees, agents and/or apparent agents, as follow:
a. Failing to identify DARRYL LONDON’s risk for skin compromise;
b. Failing to develop an appropriate plan for care to prevent the development of skin compromise;
c. Failing to implement appropriate measures to avoid the development of skin compromise;
d. Failing to modify the treatment plan to promote the healing of skin compromise;
e. Failing to recognize DARRYL LONDON’s risk of infection;
f. Failing to prevent infection in DARRYL LONDON;
g. Failing to appropriately react to DARRYL LONDON’s infection;
h. Failing to timely obtain wound care and a wound consult; and
i. Failing to act reasonably under the circumstances.
16. The negligence described above was done by employees, agents and/or apparent agents of DARRYL LONDON while acting within the course and scope of their employment, agency and/or apparent agency at BETHESDA HOSPITAL.
17. As a direct and proximate result of the negligence of BETHESDA HOSPITAL, as described above, DARRYL LONDON suffered bodily injury, resulting pain and suffering, aggravation of a pre-existing condition, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, expensive hospitalization, medical and nursing care and treatment, and loss of income and earning capacity.
WHEREFORE, Plaintiff, DARRYL LONDON, demands judgment against the Defendant, BETHESDA HOSPITAL, INC., and demand trial by jury.
COUNT II – CH. 415 – CH. 766 – LONDON V. BETHESDA HOSPITAL
Plaintiff adopts and re-alleges paragraphs 1 through 13 and further alleges:
18. At all material times, DARRYL LONDON was a “vulnerable adult”, as defined by Section 415.102, because he was a person 18 years of age or older whose ability to perform the normal activities of daily living or to provide for his own care or protection is impaired due to a mental, emotional, sensory, physical, or developmental disability or dysfunction, or the infirmities of aging. Specifically, following his admission to BETHESDA HOSPITAL for his bicycle accident injuries, DARRYL LONDON was totally incapacitated and placed in a medically induced coma. He suffered both physical and mental dysfunction and required ‘max assist’ with bed mobility.
19. At all times material hereto, the nurses and staff responsible for caring DARRYL LONDON while he was hospitalized were employees and/or agents of the BETHESDA HOSPITAL. These nurses and staff were specifically tasked with being caretakers for the vulnerable mobility-compromised patient, DARRYL LONDON, while he was a patient at BETHESDA HOSPITAL.
20. After his admission to BETHESDA HOSPITAL, the nurses and staff at BETHESDA HOSPITAL became DARRYL LONDON’s “caregivers”, as defined by Section 415.102, because said nurses and staff were entrusted with or had assumed the responsibility for frequent and regular care of or services to the vulnerable adult, DARRYL LONDON, on a temporary or permanent basis (during the in-patient hospitalization) and who had a commitment, agreement, or understanding with that person (DARRYL LONDON) or that person’s guardian (DARRYL LONDON’S son) that a caregiver role exists.
a. This ‘caregiver’ relationship began when the nurses/staff began treating vulnerable adult DARRYL LONDON as a patient upon his admission to BETHESDA HOSPITAL. As referenced above, DARRYL LONDON could not care for himself following his injuries and coma-like state, and this is when DARRYL LONDON became a ‘vulnerable adult’, with BETHESDA HOSPITAL’s nurses and staff assuming the responsibility for the care and supervision of DARRYL LONDON.
b. This ‘caregiver’ relationship is memorialized by the fact that BETHESDA HOSPITAL admitted DARRYL LONDON as a patient into their hospital and accepted monetary payments in exchange for assuming responsibility for frequent and regular care and services to DARRYL LONDON on a temporary or permanent basis, under the commitment, agreement or understanding with DARRYL LONDON and/or her guardian that a caregiver role exists.
21. Despite occupying the role of “caregiver” to DARRYL LONDON, BETHESDA HOSPITAL’s nurses and staff “neglected” DARRYL LONDON, as that term is defined by Section 415.102. BETHESDA HOSPITAL’s nurses and staff, as caregivers of DARRYL LONDON, failed to provide the care, supervision, and services necessary to maintain the physical and mental health of DARRYL LONDON that a prudent person would consider essential for the well-being of DARRYL LONDON.
22. BETHESDA HOSPITAL’s staff “neglected” DARRYL LONDON by:
a. Failing to move DARRYL LONDON in bed and in his chair;
b. Leaving DARRYL LONDON in his own waste; and
c. Failing to act reasonably under the circumstances.
23. As a direct and proximate result of the aforementioned violations of Chapter 415 by Defendant’s nurses and staff, DARRYL LONDON 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.
24. Plaintiff has incurred and/or will incur attorney’s fees and costs related to pursuing its claim against this Defendant.
25. Pursuant to Section 415.1111, if Plaintiff prevails in this action, Plaintiff is entitled to attorney’s fees and costs.
WHEREFORE, Plaintiff, DARRYL LONDON, demands all damages, and recovery of all attorney’s fees and costs as afforded under Florida Statute § 415.1111, allowable against Defendant, BETHESDA HOSPITAL, and demand trial by jury on all issues.
DATED this 23rd day of February, 2018.
/s/ Michael J. Brevda
Michael J. Brevda, Esquire
Florida Bar No.: 084048
SENIOR JUSTICE LAW FIRM
1903 S. Congress Ave.
Boynton Beach, Florida 33426
Phone: (561) 717-0812
Fax: (561) 708-6781
Attorney for Plaintiff