Can I Sue a Nursing Home and Assisted Living for Negligence?

- Michael Brevda

Can You Name Multiple Nursing Homes and Assisted Living Facilities as Co-Defendants in One Negligence Lawsuit?

The answer is yes, you can sue multiple nursing homes and assisted living facilities in one single lawsuit, even if the injuries are independent of each other. This unfortunate reality is one we see too much. An elderly resident suffers a preventable injury, like an Assisted Living fall resulting in a hip fracture. As a result, their care needs escalate and they move into a nursing home. The resident is then neglected inside the nursing home and develops a bed sore.

Naming Multiple Nursing Home Defendants in a Single Lawsuit

Naming Both a Nursing Home Defendant and an Assisted Living Defendant in One Case

In the above scenario, the Assisted Living Facility claim stems from the hip fracture. The nursing home abuse claim stems from the bedsore. In the eyes of the law, these are two divisible injuries. Although these are two separate injuries, the claimant may file one single negligence lawsuit and allege separate counts against the separate defendant facilities.

Can I Settle with One Nursing Home Defendant and Pursue the Case Against the Other Facility?

Yes. This too is common in nursing home abuse litigation. In the above scenario, you could resolve the nursing home bedsore case and still proceed with the assisted living negligence case.

What is the Benefit of Filing One Lawsuit with Multiple Nursing Home Defendants?

Filing one lawsuit with many defendants will save you filing charges, expert costs and deposition expenses. Even though you are entitled to file separate lawsuits for each at-fault facility, it would make sense to join them into one single case, thereby saving you considerable costs.

Question on Your Assisted Living or Nursing Home Negligence Claim?

Our lawyers specialize in suing nursing homes and assisted living facility negligence lawsuits. We regularly pursue complicated elder abuse cases where the victim suffered separate injuries in multiple facilities. Let our decades of experience and successful verdicts help you on your journey to justice. Call us toll-free for your free case evaluation at 1-844-253-8919 or fill out the case elevator form at the bottom of the page. The lawyers at Senior Justice Law Firm are here to help you.

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Example of a Case with Multiple Nursing Home and Assisted Living Facility Defendants

The following Notice of Intent to Initiate Litigation names 3 potential defendants, one negligent nursing home and two negligent assisted living facilities. Names have been redacted for privacy purposes.

Actual Notice of Intent Naming Multiple Facility Defendants

 

June 28, 2017

Via Certified Mail – Return Receipt Requested

Nursing Home 1

Via Certified Mail – Return Receipt Requested

Assisted Living Facility 1

Via Certified Mail – Return Receipt Requested

Assisted Living Facility 2

 

RE:      E/O DECEASED RESIDENT v. Nursing Home 1 of Boynton, Assisted Living Facility 1 and Assisted Living Facility 2

 

Notice of Intent to Initiate Litigation for Nursing Home Abuse and Assisted Living Negligence

 

Dear Sir/Madam:

I represent the REDACTED family and Gina REDACTED (daughter) and Lucien REDACTED (son) as the prospective co-Personal Representatives of the Estate DECEASED RESIDENT in the above matter. This is a Notice of Intent to Initiate Litigation filed pursuant to Fla. Stat. Sec. 400 et. Seq. to inform you that the aforementioned claimant, by and through the undersigned counsel, intends to initiate litigation against you, your professional association, corporate entity and/or partnership within seventy-five (75) days. Furthermore, pursuant to Florida law, this Notice also serves as Notice to all entities that share a legal relationship with your facility, including but not limited to any subsidiary corporations, management corporations, managing employees, caregivers and/or any others with a legal relationship such as employees, agents and/or apparent agents.

This matter pertains to injuries which occurred due to negligent care provided to DECEASED RESIDENT during this resident’s 2017 residency at your facility.

I. Timeline of Treatment and Injuries

Prior to her residencies at the below facilities, DECEASED RESIDENT lived independently at 15727 Loch Maree Lane. Due to an increase in her confusion, her daughter, Gina REDACTED, decided in June of 2016 that she can no longer live alone.

DECEASED RESIDENT was admitted to your facility for assistance with activities of daily living, including but not limited to ambulation, bathing, dressing, eating and medication management, in 2017.[1] DECEASED RESIDENT was admitted for assistance with activities of daily living and was dependent on Nursing Home 1 staff for care and supervising her ongoing health issues, as she suffered from confusion.

Mrs. REDACTED’s timeline of treatment can be summarized as follows:

 

Assisted Living Facility 1 Residency

  • 6/22/16[2]           Move into ALF 1 (now a Sonata facility). Appropriate fall interventions not put in place.
  • 10/24/16          Ms. REDACTED suffered a preventable fall at ALF 1 resulting in facial bruising.
  • 10/25/16          Ms. REDACTED suffered another preventable fall at ALF 1 resulting in a broken shoulder. She was rushed to Bethesda Hospital East but no surgery was performed. She was placed in a sling.

 

Cornell Rehab & Abbey Delray

  • ~2 weeks         Ms. REDACTED did a short term rehab at Cornell Rehab.
  • ~3 weeks         Ms. REDACTED was then transferred to Abbey Delray where she successfully performed a 3-week short term rehabilitation residency.

 

Sonata Assisted Living Facility in Boynton Beach

  • 12/3/16            Ms. REDACTED is admitted to Sonata ALF.
  • 2/09/17            Gina is called and informed that her Mom has eloped from the facility.

 

Assisted Living Facility 2 in Greenacres, FL

  • 2/10/17            Move into the ALF 2 memory care unit. Denise was noted to be a fall risk, yet appropriate fall interventions not put in place.
  • 2/12/17            Ms. REDACTED suffered a preventable fall in her bathroom at ALF 2 resulting in a hip and leg fracture.[3]

 

JFK Medical Center

  • 2/12/17            Ms. REDACTED required admission to JFK Medical Center due to fall.
  • 2/13/17            Ms. REDACTED underwent leg surgery at JFK Medical Center.

 

Nursing Home 1 Residency

  • 2/16/17[4]           Ms. REDACTED is admitted to Nursing Home 1 of Boynton Beach. She appears OK.
  • 2/20/17            Care plan meeting with the REDACTED family. The family is told Ms. REDACTED developed a ‘small’ bedsore, but not to worry, it is under control.
  • 2/21 – 3/10      Gina visited daily. Her Mom is rarely moved and appears neglected.
  • 3/10/17            Ms. REDACTED is not herself. Post-operative leg appears abnormal. Family discusses with nurses.
  • 3/11/17            Gina tells nurses that Mom feels terrible and has diarrhea. Her leg appears discolored.
  • 3/12/17            Ms. REDACTED is largely unresponsive. Post-operative leg appears abnormal. Family demands immediate action.
  • 3/10 – 3/14      Physical therapy and Nursing Home 1 aides did not react to leg abnormality and aides failed to note her intake/output.
  • 3/14/17            Finally, only after Gina demanded it, 911 is called and Ms. REDACTED is rushed by ambulance to JFK Medical Center.

 

JFK Medical Center

  • 3/14/17            Ms. REDACTED is transported to JFK Medical Center.
  • 3/14/17            Upon admission, Ms. REDACTED is dehydrated, her right leg is cold to the touch and discolored, and she has a bedsore.
  • 3/14/17            Ms. REDACTED undergoes emergency surgery to clean out her leg infection/clots.
  • 3/14/17            Surgery is unsuccessful due to delay in treatment. Hospice recommended.
  • 3/15/17            Ms. REDACTED is placed on life support.
  • 3/16/17            Ms. REDACTED passes away as a result of her injuries.

A Notice of Intent is being sent to the following facilities:

  1. Nursing Home 1 of Boynton Beach, FL
  2. ALF 2 in Greenacres, FL
  3. ALF 1 of Boynton Beach, FL

II. Allegations of Wrongdoing

The REDACTED family lost their loved one due to the injuries sustained at your facility. Your nurses, aides, CNAs and therapists provided negligent care, and thus violated the Chapter 400 resident rights of DECEASED RESIDENT as follows:

  1. Failure to properly provide hydration and nutrition;
  2. Failure to properly evaluate infection;
  • Failure to prevent the falls of the resident;
  1. Failing to treat the resident for injuries;
  2. Failure to document the resident’s injuries;
  3. Failure to report the resident’s signs of injury/illness to his healthcare providers;
  • Failure to inform the resident’s family of the resident’s deteriorated condition;
  • Failure to monitor the resident and react to weight loss;
  1. Failure to provide a nutritional consult timely;
  2. Failure to appropriate staff and train employees and agents;
  3. Failure to prevent skin breakdown and bedsores;
  • Failure to timely provide nursing home records; and,
  • Failure to provide appropriate nursing home care under all the circumstances.

As a result of the above violation of her Chapter 400 rights, DECEASED RESIDENT suffered a debilitating injury, illness and/or infection which resulted in wrongful death. The Claimant claims all damages recoverable.

III. Pre-Suit Discovery

Please provide my office with a complete copy of any and all records, correspondence, memoranda, etc., of any kind relating to the above-named resident.  Your compliance with this request is statutorily mandated.  Pursuant to Section §400.0233(7) I request the following documents within 20 days of receipt the notice:

 

  1. A copy of all insurance policies and declaration pages that may cover this loss;
  1. Provide the name, employment status, and last known address and phone number of all persons that attended to this resident during the residency at your facility;
  2. Copy of the complete Nursing Home chart of this resident, including incident reports and photos;
  3. Laser color copies of all photographs taken of DECEASED RESIDENT, including any documentation regarding any injuries, infection, falls, fall prevention measures, or pressure sore wounds;
  4. Laser color copies of all photographs taken of the area of the resident’s fall(s), including photos of the fall preventative measures in place at the time, and photos of the assistive devices used by the resident;
  5. Laser color copies of all photographs taken of the resident’s skin, ulcer, infection or surgical site.
  6. Laser color copies of all weigh-in data and nutritional consults and/or orders for this resident.
  7. All documents provided to Medicaid, Medicare or any other party regarding this resident;
  8. All written documentation and training protocols for the prevention of infection provided to any employees that cared for this resident at your facility;
  9. All agreements that you have with any other companies or individuals regarding the management of the facility, including Management Agreements, or any company which assists in any manner in the administration and/or operation of the nursing home;
  10. Please indicate which legal entity employed the C.N.A’s that provided care and supervision of the resident during the above referenced residency;
  11. Please indicate which legal entity employed the RN’s that provided care and supervision of the resident during the above referenced residency;
  12. Please indicate which legal entity employed the Wound Care Team that provided care and supervision of the resident during the above referenced residency;
  13. Please indicate which legal entity employed the visiting physician that provided care and/or examined the resident during the above referenced residency; and,
  14. If you claim to be a nonprofit nursing home, please produce your Form 990 tax return.

 

IV. Scheduling Request: Pre-suit Mediation

Florida Statute §400 and §429 et. seq requires a pre-suit mediation in this matter within 30 days of the defendant facility’s response to the claim. We are hereby attempting to comply with this provision. Accordingly, please contact Lori at my office (Lori@SeniorJustice.com) to schedule this pre-suit mediation. If we do not hear from you regarding the pre-suit mediation, we will assume that your client has waived their right to mediation and we will proceed to filing the lawsuit.

Please contact my office should you have any questions.

The undersigned counsel hereby certifies that a good faith investigation was made in this matter that substantiates a valid claim of right’s violation and negligence at the subject Nursing Home, pursuant to Fla. Stat. Sec. 400, et. seq.

 

Very truly yours,

/s/ Michael J. Brevda

MICHAEL J. BREVDA

MJB/las

 

Enclosed on Disc:       HIPAA Form

Records in our possession on CD

[1] Exact dates are unknown due to your facility’s failure to comply with the 30 day records request. See attached 30-day letter.

[2] Exact admission date is unknown due to the facility’s failure to timely provide their records.

[3] On 2/20/17 AHCA visited the facility to investigate this fall.

[4] Exact admission date is unknown due to the facility’s failure to timely provide their records.

 

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