Senior Justice Law Firm’s Ft. Lauderdale nursing home attorneys have filed a Broward County wrongful death lawsuit against Manor Care of Plantation, alleging bedsore injuries and extreme malnutrition/dehydration injuries.
Glenn Bessette was a resident at Manor Care of Plantation in 2017. The lawsuit filed by his estate alleges that Manor Care of Plantation neglected Mr. Bessette, and as a result, he developed pressure ulcers and skin breakdown.
The Manor Care Plantation facility has been the subject of fines and citations in the past. These prior survey results may be used in the underlying lawsuit against Manor Care of Plantation.
The Publicly Filed Lawsuit against ManorCare Plantation
IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY
CASE NO.:
KATHERINE CARL as Personal Representatives of the Estate of GLENN BESSETTE,
Plaintiff,
vs.
MANOR CARE OF PLANTATION FL, LLC.
Defendants.
_____________________________________/
COMPLAINT
COME NOW the Plaintiff, KATHERINE CARL as Personal Representative of the Estate of GLENN BESSETTE, by and through undersigned counsel, and sue the Defendant, MANOR CARE OF PLANTATION FL, LLC (“MANOR CARE OF PLANTATION”) and alleges:
GENERAL JURISDICTIONAL ALLEGATIONS
1. This is a cause of action for damages, which exceeds Fifteen Thousand Dollars ($15,000.00), exclusive of costs, interest, and attorney’s fees, is being filed within the applicable statute of limitations.
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 MANOR CARE OF PLANTATION while GLENN BESSETTE was a resident at the Defendant’s nursing home, MANOR CARE OF PLANTATION, located at 6931 W. Sunrise Blvd. Plantation, Florida in Broward County, Florida (hereafter “the nursing home” or “the facility”).
4. At all times material GLENN BESSETTE was a resident of Broward County, Florida.
5. At all times material, MANOR CARE OF PLANTATION, was a Florida corporation doing business in Broward County, with a principal place of business in Broward County and an agent in Broward County.
6. At all times material hereto, the Defendant 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.
ALLEGATIONS AGAINST MANOR CARE OF PLANTATION
7. At all times material hereto, the Defendant, MANOR CARE OF PLANTATION, was the licensee of the nursing home facility in Plantation, Florida, which was authorized to do business in the State of Florida and to operate a nursing home under the name of MANOR CARE OF PLANTATION FL, LLC, in Broward County, Florida, and is subject to the provisions of Florida Statutes Chapter 400.
8. At all times material hereto, the Defendant, MANOR CARE OF PLANTATION employed the nurses and caretakers at the facility, and is therefore responsible for their tortious conduct.
9. At all times material hereto, the Defendant, MANOR CARE OF PLANTATION, was operating MANOR CARE OF PLANTATION 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.
10. MANOR CARE OF PLANTATION owed a duty to its residents to provide reasonable care.
FACTS GIVING RISE TO THIS CAUSE OF ACTION VS. MANORCARE OF PLANTATION
11. GLENN BESSETTE was admitted to the subject MANOR CARE OF PLANTATION facility on or about August 21, 2017. He was admitted for assistance with activities of daily living, specifically including but not limited to assistance with mobility, repositioning in bed and chair and nutrition.
12. Upon admission and all times material, GLENN BESSETTE was at risk for skin breakdown and nutrition/hydration deficiencies.
13. Despite this, the Defendant’s staff neglected GLENN BESSETTE and left him in the same position for hours at a time. As a result of said negligence, GLENN BESSETTE developed pressure ulcers.
14. Additionally, GLENN BESSETTE suffered dehydration and malnutrition while a resident at the facility.
15. On or around September 14, 2017, the substandard care became too much for Katherine Carl to witness and she paid for a private stretcher to transport her father, GLENN BESSETTE, to an outside doctor named Andrew Ukleja, MD.
16. Dr. Ukleja confirmed to Katherine that her father was neglected. Dr. Ukleja told Katherine that Glenn needs to be taken to the emergency room immediately.
17. GLENN BESSETTE was admitted to Cleveland Clinic on 9/14/17 with diagnoses of a pressure ulcer and extreme dehydration and malnutrition. At this point, Glenn could not even open his eyes or speak due to his neglect-related injuries.
18. The admitting physician at Cleveland Clinic, Jodi Ann Chin, MD, notes that GLENN BESSETTE suffers from “acute volume depletion and dehydration” and “he reports he is very thirsty, he is asking for water” with a “sacral ulcer, Stage III, present on admission.”
19. GLENN BESSETTE died on 11/4/17.
WRONGFUL DEATH DAMAGES
20. GLENN BESSETTE wrongfully died on November 14, 2017 as a direct and proximate result of the Defendant’s negligence, more fully described above and below.
21. As a direct and proximate result of the rights violations outlined above and below, the Estate of GLENN BESSETTE and the survivors of the Estate, including but not limited to KATHERINE CARL (daughter), Steven Bessette (son) and Mary Sue Stronach (daughter), are entitled to all damages recoverable for the wrongful death caused by the Defendant, as alleged above and below, including but not limited to:
a. Damages for GLENN BESSETTE’s bodily injury, pain and suffering, disability, disfigurement, mental anguish, loss of the capacity for the enjoyment of life, expensive hospitalization, the value of reasonable nursing services and nursing care provided to GLENN BESSETTE, medical and nursing care and treatment and aggravation of previous existing conditions, from the time of his injury until the time of his death;
b. Medical bills and expenses;
c. Funeral expenses;
d. Loss of Net Accumulations;
e. KATHERINE CARL and Mr. Bessette’s surviving children have suffered mental pain and suffering which will continue for the rest of their life, and they have suffered the loss of services and support of their loved one, GLENN BESSETTE, and have incurred medical and funeral expenses as a result of GLENN BESSETTE’s death, and have suffered the loss of GLENN BESSETTE’s love and companionship.
SURVIVAL DAMAGES
22. Alternatively, if these injuries did not cause GLENN BESSETTE’s death, the Estate of GLENN BESSETTE 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 time of injury of GLENN BESSETTE to the time of his death. These survival damages occurred as a direct and proximate result of the negligence of the Defendants’ outlined above and below.
COUNT I:
BESSETTE v. MANOR CARE OF PLANTATION FL, LLC – WRONGFUL DEATH
23. Plaintiff re-adopts and re-alleges paragraphs 1 through 21 and further alleges:
24. Defendant, MANOR CARE OF PLANTATION, through its employees, agents and apparent agents were below the standard of care and thus violated the Chapter 400 rights of GLENN BESSETTE as follows:
a. Failing to recognize the risk of skin breakdown and pressure ulcers;
b. Failing to prevent and treat skin breakdown and pressure ulcers;
e. Failing to keep proper records relating to GLENN BESSETTE;
c. Failing to provide hydration and nutrition;
d. Failing to report the resident’s injury to his healthcare providers and failure to inform the resident’s family of GLENN BESSETTE’s deteriorated condition.
e. Failing to comply with the requirements of Title 59 of the Florida Administrative Code and 42 CFR Section 483, which govern nursing homes such as this facility;
f. Failing to provide the level of care, skill, and treatment which in light of relevant surroundings circumstances is recognized as acceptable and appropriate by reasonably prudent similar health care providers; and,
g. Failing to exercise reasonable care under all circumstances.
25. The above negligence occurred from the actions and omissions of employees, agents and apparent agents of Defendant, MANOR CARE OF PLANTATION, while in the course and scope of their employment, agency and/or apparent agency.
26. As a proximate result of the Defendant’s deprivation of and infringement upon GLENN BESSETTE’s Chapter 400 rights as alleged in this Complaint, which includes the above alleged negligence, GLENN BESSETTE wrongfully died.
WHEREFORE, the Plaintiff demands judgment for damages against Defendant, MANOR CARE OF PLANTATION, and further demand a trial by jury of all issues so triable.
COUNT II:
BESSETTE v. MANOR CARE OF PLANTATION FL, LLC – SURVIVAL ACTION
27. Plaintiff re-adopts and re-alleges paragraphs 1 through 19, 22 and further alleges:
28. Defendant, MANOR CARE OF PLANTATION, through its employees, agents and apparent agents were below the standard of care and thus violated the Chapter 400 rights of GLENN BESSETTE as follows:
a. Failing to recognize the risk of skin breakdown and pressure ulcers;
b. Failing to prevent and treat skin breakdown and pressure ulcers;
e. Failing to keep proper records relating to GLENN BESSETTE;
c. Failing to provide hydration and nutrition;
d. Failing to report the resident’s injury to his healthcare providers and failure to inform the resident’s family of GLENN BESSETTE’s deteriorated condition.
e. Failing to comply with the requirements of Title 59 of the Florida Administrative Code and 42 CFR Section 483, which govern nursing homes such as this facility;
f. Failing to provide the level of care, skill, and treatment which in light of relevant surroundings circumstances is recognized as acceptable and appropriate by reasonably prudent similar health care providers; and,
g. Failing to exercise reasonable care under all circumstances.
29. The above negligence occurred from the actions and omissions of employees, agents and apparent agents of Defendant, MANOR CARE OF PLANTATION, while in the course and scope of their employment, agency and/or apparent agency.
30. This Count is being pleaded in the alternative to the above wrongful death Count. If these injuries did not cause the death of GLENN BESSETTE, the Plaintiff alleges all damages recoverable under a survival action, including but not limited to the non-economic damages of 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 time of injury of GLENN BESSETTE to the time of his death.
WHEREFORE, the Plaintiff demands judgment for damages against Defendant, MANOR CARE OF PLANTATION, and further demand a trial by jury of all issues so triable.
DATED this 10th day of May, 2018.
/s/ Michael J. Brevda
Michael J. Brevda
Florida Bar No.: 084048
SENIOR JUSTICE LAW FIRM