Medical Malpractice Lawsuit Filed vs. JFK Medical Center for Bed Sores

The Florida medical malpractice lawyers at Senior Justice Law Firm have recently filed a lawsuit against JFK Medical Center for allowing its patient to develop bed sores. Unfortunately, the patient was admitted to JFK hospital completely immobilized. She was unable to move herself in bed. The nurses at JFK Medical Center were required to turn and reposition the patient every 2 hours. Tragically, this was not done and the patient developed Stage IV bedsores.

A full copy of the publicly-filed Complaint for Damages in the JFK Medical Center medical malpractice lawsuit can be found below.

What are Bed Sores?

Bed sores, also referred to as decubitus ulcers and pressure sores, develop due to pressure on a portion of skin. In most people, when we feel pressure, we can move ourselves and relieve the pressure. However, in mobility-compromised patients, this movement is not an option. It then becomes the hospital nurses job to move the patient in bed and in their wheelchair, in order to prevent bed sores.

How do Bed Sores Form in Hospitals, like JFK Medical Center?

Hospital nurses wear many hats. They are required to care for an entire wing of sick patients. Sometimes, they get busy. Sometimes, they forget to turn an at-risk patient. Sometimes, they get lazy. Whatever the excuse, a Stage IV hospital acquired bed sore is a never event in medicine. This means there is generally no justifiable excuse for allowing this kind of wound to develop.

If you or a family member were victims of medical malpractice at JFK Medical Center in Atlantis, Florida or at JFK North in West Palm Beach, call the lawyers at Senior Justice Law Firm to discuss your legal rights: 561-717-0817.

Copy of the Complaint in the JFK Hospital Medical Malpractice Lawsuit

The Plaintiff is suing JFK Medical Center under Chapter 766 (medical malpractice) and bringing a concurrent Chapter 415 vulnerable adult claim.

The PDF version of the lawsuit filed against JFK Medical Center can be viewed by clicking here: JFK Medical Malpractice Lawsuit for Bedsores

IN THE CIRCUIT COURT OF THE 15TH

JUDICIAL CIRCUIT OF FLORIDA, IN

AND FOR PALM BEACH COUNTY

CASE NO:  50-2017-CA-006290XXXXMB

 

REDACTED,

Plaintiff,

vs.

JFK MEDICAL CENTER LIMITED PARTNERSHIP d/b/a JFK MEDICAL CENTER NORTH CAMPUS a/k/a WEST PALM BEACH HOSPITAL f/k/a COLUMBIA HOSPITAL, also d/b/a JFK MEDICAL CENTER, PALMS WEST HOSPITAL LIMITED PARTNERSHIP, SELECT SPECIALTY

HOSPITAL – PALM BEACH, INC., and PUBLIC HEALTH TRUST OF MIAMI-DADE COUNTY d/b/a JACKSON MEMORIAL HOSPITAL,

Defendants.

_____________________________________/

 

AMENDED COMPLAINT

COMES NOW, the Plaintiff, REDACTED, by and through undersigned counsel, and hereby sues the Defendants, JFK MEDICAL CENTER LIMITED PARTNERSHIP (hereafter “JFK MEDICAL CENTER”), PALMS WEST HOSPITAL LIMITED PARTNERSHIP (hereafter “PALMS WEST HOSPITAL”), SELECT SPECIALTY HOSPITAL – PALM BEACH, INC. (hereafter “SELECT SPECIALTY HOSPITAL”), and PUBLIC HEALTH TRUST OF MIAMI-DADE COUNTY d/b/a JACKSON MEMORIAL HOSPITAL (hereafter “JACKSON MEMORIAL HOSPITAL”), and alleges:

 

Jurisdictional Allegations

  1. This is an action for medical malpractice which resulted in severe injuries to REDACTED.
  2. The amount in controversy exceeds $15,000.00, exclusive of interest and costs.
  3. Venue is proper in this Circuit because the Defendant Hospitals are located in Palm Beach County, Florida and the events/medical care on which this claim is based occurred in Palm Beach County, Florida.
  4. REDACTED, is an adult resident of Palm Beach County, Florida.
  5. The Defendants, JFK MEDICAL CENTER, SELECT SPECIALTY HOSPITAL and PALMS WEST HOSPITAL, are businesses organized and existing under the laws of the State of Florida. Said Defendants were doing business in Palm Beach County in the State of Florida, as for-profit hospitals.
  6. JACKSON MEMORIAL HOSPITAL is a non-profit entity doing business as a hospital, organized and existing under the laws of the State of Florida. Notice to the sovereign entity was given in accordance with F.S. Sect. 768.28 and the claim was denied.
  7. This action is being filed within the applicable statute of limitations, pursuant to Fla. Stat. Ch. 766 and 768.
  8. All conditions required pursuant to Chapter 766 and 768, Florida Statutes, have been met or waived.

Facts Giving Rise to this Action

Before REDACTED’s Hospitalizations

  1. In April of 2015, REDACTED was living independently. Ms. REDACTED had recently relocated to Florida after leaving her position as an Epidemiologist at the Arkansas Department of Health. She handled her own shopping, meal preparation and activities of daily living and was alert and oriented times three. Ms. REDACTED had a 2-year history of lymphedema with prior placement of a spinal cord stimulator, and subsequently an intrathecal pump for pain control.
  2. In April of 2015, she began experiencing back pain. On April 24, 2015, she presented to Dr. Marc Slonimski’s office for back and lower extremity pain. She had weakness in her lower extremities, but had not lost control of her bladder or bowel. Notably, her skin was intact and free of pressure ulcers.
  3. She followed up with Dr. Slonimski on April 28, 2015 after receiving a Medrol dose pack. The swelling in her feet and ankles had improved and she had better sensation in her legs. Her skin remained intact with no pressure ulcers or skin breakdown.
  4. On April 29, 2015, Dr. Slonimski performed an intrathecal catheter dye study at West Palm Hospital to look at Ms. REDACTED’s intrathecal pump malfunction. During the procedure, Ms. REDACTED was lying on her stomach, and the doctor noted zero redness or skin breakdown to Ms. REDACTED’s sacrum.
  5. Dr. Slonimski saw Ms. REDACTED again on May 7, 2015. She presented to his office with right leg numbness, but she could ambulate. After a full physical examination, it was confirmed that Ms. REDACTED suffered no pressure ulcers or redness to her backside.
  6. On May 12, 2015, REDACTED was transported by ambulance to West Palm Hospital at 16:24 (4:24 PM) due to difficulty with walking and urinary retention. The Palm Beach County Fire Rescue team did not note any skin breakdown.

West Palm Hospital

  1. Upon her May 12, 2015 admission to West Palm Hospital, Ms. REDACTED was examined at 16:48 (4:48 PM) and her skin was noted to have “no rashes, warm/dry” with no pressure ulcers, redness or bedsores noted.
  2. Ms. REDACTED was admitted as an inpatient at West Palm Hospital. At 20:30 (8:30 PM) that same day, Ms. REDACTED was examined by Dr. Chad Saunders and Dr. Katerina Erokhina. The examining physicians noted her skin to be “dry, intact with no gross abnormalities.” No pressure ulcers were noted.
  3. Unfortunately, REDACTED was neglected while hospitalized and not turned or positioned timely in bed. As a result, she developed a Stage III pressure ulcer on her sacrum and redness on her left buttocks. These wounds were first noted on May 13, 2015. It is only after these wounds developed that an order was given to turn and reposition the patient every 2 hours.
  4. On May 14, 2015, it was decided that Ms. REDACTED needed to be transferred to JFK Medical Center for neurosurgical evaluation. In the discharge summary, there is no mention of her pressure sores or the treatment orders relative to the pressure sores.
  5. Ms. REDACTED was then transferred by EMS transport from West Palm Beach Hospital to JFK Medical Center on May 15, 2015 at 10:35 AM.

JFK Medical Center

  1. Upon admission to JFK, Ms. REDACTED’s open wounds were noted, but no initial nursing orders related to repositioning or a special pressure bed were given. Further, the JFK admission assessment was silent on any skin abnormalities and failed to document the wounds sizes and stages.
  2. Ms. REDACTED was neglected at JFK Medical Center and her skin breakdown worsened. It was noted on May 16, 2015 by Nurse “MF” that Ms. REDACTED is “unable to turn side to side.”
  3. On May 20, 2015, Dr. Christian Cesa notes that Ms. REDACTED’s sacral pressure ulcer is “not grossly infected”, “no surgery at this time required”, and that Ms. REDACTED is to be transferred to Jackson Memorial Hospital.

Jackson Memorial Hospital

  1. On May 21, 2015, Ms. REDACTED was transferred to Jackson Memorial. Unfortunately, at Jackson, Ms. REDACTED was neglected and her skin breakdown worsened.
  2. While at Jackson, Ms. REDACTED had multiple sacral pressure sore debridements and a diverting colostomy as a result of the wound.

JFK Medical Center, Part II

  1. On July 7, 2015, Ms. REDACTED was transferred to JFK Medical Center “primarily to continue care and address the sacral decubitus ulcer.” The wound was described as an “extensive, large sacral decubitus, stage 4.”
  2. At JFK she underwent more surgical debridements. It was then confirmed that the sacral pressure ulcer tested positive for bacterial infection. Ms. REDACTED was then discharged on July 17, 2015 to Select Specialty Hospital.

Select Specialty Hospital

  1. At Select Specialty Hospital, Ms. REDACTED’s skin breakdown deteriorated. She underwent further painful debridement of the wound, as well as a Flap surgery on the sacral wound.
  2. On September 2, 2015, Ms. REDACTED was discharged from Select Hospital to Palms West Medical Center.

Palms West Medical Center

  1. Upon admission to Palms West, Ms. REDACTED was noted to have a large stage 4 sacral pressure sore as well as a large stage 4 left ischial pressure sore.
  2. On September 3, 2015, she underwent an excisional closing of the sacral pressure sore and the left ischial pressure sore, performed by Dr. Jeroen Balledux. She was then transferred to ICU on a ventilator with a diagnosis of sepsis from her wounds.
  3. Following her September wound surgeries, proper care was not performed by Palms West nurses and the surgically-closed sacral pressure sore re-opened into a 13 x 10.5 cm wound, with a depth of 30 cm, 23 cm of tunneling and bloody discharge noted. As a result, more painful bedsore debridments were performed.
  4. By November 10, 2015, REDACTED’s sacral wound encompassed her entire buttocks and sacrum, and was larger than the hospital measurement ruler. See, 11/10/15 sacral decubitus ulcer photo, Exhibit A.
  5. On November 25, 2015 Ms. REDACTED was noted to have a new wound on her right superior leg (behind the knee) which was open to the bone.
  6. On January 26, 2016, Ms. REDACTED was noted to have a worsening new left heel wound that is expanding in size. Photographs of the new heel pressure sore show a 4×3 cm wound with the skin still intact.
  7. By February 23, 2016, Dr. Xavier Sanchez was called in to begin ‘more aggressive wound care’ to the new heel wound. He staged the heel bedsore as a stage 2 at the time.
  8. Ms. REDACTED underwent further debridements of the sacral bedsore. By March 15, 2016, the wound was infected yet again, only 8 days after Infectious Disease signed off on the patient as being clear of pressure sore infection.
  9. On April 7, 2016, Dr. Xavier Sanchez performed an operation on the newly acquired heel pressure sore. Dr. Sanchez notes that this new heel wound is a stage 4 ulcer with concern for osteomyelitis. She underwent another left heel debridement and application of a Wound Vac on April 26, 2016. On April 29, 2016, Dr. Panupong confirmed that this left heel wound has osteomyelitis (infection down to the bone).
  10. Upon her April 29, 2016 discharge, Ms. REDACTED suffered from stage 4 pressure ulcers on her sacrum, ischium, and left heel.
  11. She was transferred to the Consulate of West Palm Beach nursing home, where she resides to this day, due to her pressure ulcers.
  12. Unfortunately, REDACTED was neglected while hospitalized and developed multiple Stage IV hospital-acquired pressure ulcers, a “never event” in healthcare.[1]

REDACTED Was a Vulnerable Adult During Her Hospitalizations

  1. In the time following her initial admission until present, REDACTED, lacked any independent bed mobility. She was dependent on hospital nurses to move in bed. She suffered incontinence and relied on nurses to keep her clean. At all material times, JAND REDACTED, was a “vulnerable adult”, as defined by Section 415.102, because she was a person over 18 years of age whose ability to perform the normal activities of daily living, and to provide for her own care, was impaired due to her compromised physical and mental state.

COUNT I:  REDACTED VS. JFK MEDICAL CENTER

 

  1. Plaintiffs re-allege paragraphs 1 through 41 and further allege:
  2. JFK MEDICAL CENTER, by and through its nurses, employees, agents and staff at both JFK MEDICAL CENTER NORTH CAMPUS a/k/a WEST PALM BEACH HOSPITAL f/k/a COLUMBIA HOSPITAL, and also at JFK MEDICAL CENTER in Atlantis, FL, failed to administer health care in accord with the prevailing professional standard of care through its employees, agents and/or apparent agents, including but not limited to nurses, C.N.A.’s, therapists, doctors and others, all of whom were acting within the course and scope of their agency, real or apparent, such that they were negligent in the following respects:
  3. Failing to identify REDACTED’s risk for skin compromise;
  4. Failing to develop an appropriate plan for care to prevent the development of skin compromise;
  5. Failing to implement appropriate measures to avoid the development of skin compromise;
  6. Failing to modify the treatment plan to promote the healing of skin compromise;
  7. Failing to recognize REDACTED’s risk of infection;
  8. Failing to prevent infection in REDACTED;
  9. Failing to appropriately react to REDACTED’s infection;
  10. Failing to recognize REDACTED’s risk of skin breakdown;
  11. Failing to heal existing skin breakdown;
  12. Failing to timely obtain wound care; and
  13. Failing to act reasonably under the circumstances.
  14. As a direct and proximate result of the negligence of Defendant, as described above, REDACTED 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.

WHEREFORE, Plaintiff, REDACTED, demands judgment against the Defendant, JFK MEDICAL CENTER, and demands trial by jury.

COUNT II: CH. 415 CLAIM VS. JFK MEDICAL CENTER

 

  1. Plaintiff re-alleges paragraphs 1 through 41 and further alleges:
  2. This Count involves allegations of Ch. 415 violations by the above Defendant.
  3. At all times during her hospitalization at the above Defendant’s hospitals, the nurses and staff responsible for caring REDACTED while she was hospitalized at West Palm Hospital and JFK Medical Center were employees and/or agents of the JFK MEDICAL CENTER. These nurses and staff were specifically tasked with providing helping REDACTED with activities of daily living, like repositioning in bed, while she was a patient at the hospital.
  4. After her admission to West Palm Hospital and to JFK Medical Center (Atlantis, FL), the nurses and staff at JFK MEDICAL CENTER became REDACTED’S “caregivers”, as defined by Section 415.102, because said nurses and staff were entrusted with or assumed the responsibility for frequent and regular care of or services to REDACTED on a temporary or permanent basis and had a commitment, agreement, or understanding with REDACTED or REDACTED ‘s guardian that a caregiver role exists. This caregiver relationship began when the nurses/staff began treating vulnerable adult REDACTED as a patient following her admission and obvious immobility in bed. As referenced above, REDACTED could not care for herself, move herself, reposition herself in bed or perform activities of daily living, therefore, REDACTED’S nurses and staff assumed the responsibility for the repositioning of REDACTED.
  5. Despite occupying the role of “caregiver” to REDACTED, JFK MEDICAL CENTER nurses and staff “neglected” REDACTED, as that term is defined by Section 415.102. JFK MEDICAL CENTER nurses and staff, as caregivers of REDACTED, failed to provide the care, supervision, and services necessary to maintain the physical and mental health of REDACTED, including, but not limited to, repositioning the vulnerable adult in bed and keeping the vulnerable adult clean, that a prudent person would consider essential for the well-being of REDACTED.
  6. Specifically, JFK MEDICAL CENTER nurses and staff “neglected” REDACTED by failing to administer health care in accord with the prevailing professional standard of care, such that they were negligent in the following respects:
  7. Failing to reposition and move the vulnerable adult in bed;
  8. Failing to keep the vulnerable adult clean;
  9. Ignoring the vulnerable adult’s needs; and
  10. Failing to act reasonably under the circumstances.
  11. As a direct and proximate result of the aforementioned violations of Chapter 415 by Defendant’s nurses and staff, REDACTED, 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.
  12. Plaintiff has incurred and/or will incur attorney’s fees and costs related to pursuing its claim against this Defendant.
  13. Pursuant to Section 415.1111, if Plaintiff prevails in this action, Plaintiff is entitled to attorney’s fees and costs.

WHEREFORE, Plaintiff, REDACTED, demands all damages, and recovery of all attorney’s fees and costs as afforded under Florida Statute § 415.1111, allowable against Defendant, JFK MEDICAL CENTER and demands trial by jury.

COUNT III:  REDACTED VS. PALMS WEST HOSPITAL

 

  1. Plaintiffs re-allege paragraphs 1 through 41 and further allege:
  2. PALMS WEST HOSPITAL, by and through its nurses, employees, agents and staff, failed to administer health care in accord with the prevailing professional standard of care through its employees, agents and/or apparent agents, including but not limited to nurses, C.N.A.’s, therapists, doctors and others, all of whom were acting within the course and scope of their agency, real or apparent, such that they were negligent in the following respects:
  3. Failing to identify REDACTED’s risk for skin compromise;
  4. Failing to develop an appropriate plan for care to prevent the development of skin compromise;
  5. Failing to implement appropriate measures to avoid the development of skin compromise;
  6. Failing to modify the treatment plan to promote the healing of skin compromise;
  7. Failing to recognize REDACTED’s risk of infection;
  8. Failing to prevent infection in REDACTED;
  9. Failing to appropriately react to REDACTED’s infection;
  10. Failing to recognize REDACTED’s risk of skin breakdown;
  11. Failing to heal existing skin breakdown;
  12. Failing to timely obtain wound care; and
  13. Failing to act reasonably under the circumstances.
  14. As a direct and proximate result of the negligence of Defendant, as described above, REDACTED 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.

WHEREFORE, Plaintiff, REDACTED, demands judgment against the Defendant, PALMS WEST HOSPITAL, and demands trial by jury.

COUNT IV: CH. 415 CLAIM VS. PALMS WEST HOSPITAL

 

  1. Plaintiff re-alleges paragraphs 1 through 41 and further alleges:
  2. This Count involves allegations of Ch. 415 violations by the above Defendant.
  3. At all times during her hospitalization at the above Defendant’s hospital, the nurses and staff responsible for caring REDACTED while she was hospitalized were employees and/or agents of the PALMS WEST HOSPITAL. These nurses and staff were specifically tasked with providing helping REDACTED with activities of daily living, like repositioning in bed, while she was a patient at the hospital.
  4. After her admission to PALMS WEST HOSPITAL, the nurses and staff at PALMS WEST HOSPITAL became REDACTED’S “caregivers”, as defined by Section 415.102, because said nurses and staff were entrusted with or assumed the responsibility for frequent and regular care of or services to REDACTED on a temporary or permanent basis and had a commitment, agreement, or understanding with REDACTED or REDACTED ‘s guardian that a caregiver role exists. This caregiver relationship began when the nurses/staff began treating vulnerable adult REDACTED as a patient following her admission and obvious immobility in bed. As referenced above, REDACTED could not care for herself, move herself, reposition herself in bed or perform activities of daily living, therefore, REDACTED’S nurses and staff assumed the responsibility for the repositioning of REDACTED.
  5. Despite occupying the role of “caregiver” to REDACTED, PALMS WEST HOSPITAL nurses and staff “neglected” REDACTED, as that term is defined by Section 415.102. PALMS WEST HOSPITAL nurses and staff, as caregivers of REDACTED, failed to provide the care, supervision, and services necessary to maintain the physical and mental health of REDACTED, including, but not limited to, repositioning the vulnerable adult in bed and keeping the vulnerable adult clean, that a prudent person would consider essential for the well-being of REDACTED.
  6. Specifically, PALMS WEST HOSPITAL nurses and staff “neglected” REDACTED by failing to administer health care in accord with the prevailing professional standard of care, such that they were negligent in the following respects:
  7. Failing to reposition and move the vulnerable adult in bed;
  8. Failing to keep the vulnerable adult clean;
  9. Ignoring the vulnerable adult’s needs; and
  10. Failing to act reasonably under the circumstances.
  11. As a direct and proximate result of the aforementioned violations of Chapter 415 by Defendant’s nurses and staff, REDACTED, 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.
  12. Plaintiff has incurred and/or will incur attorney’s fees and costs related to pursuing its claim against this Defendant.
  13. Pursuant to Section 415.1111, if Plaintiff prevails in this action, Plaintiff is entitled to attorney’s fees and costs.

WHEREFORE, Plaintiff, REDACTED, demands all damages, and recovery of all attorney’s fees and costs as afforded under Florida Statute § 415.1111, allowable against Defendant, PALMS WEST HOSPITAL and demands trial by jury.

COUNT V:  REDACTED VS. JACKSON

 

  1. Plaintiffs re-allege paragraphs 1 through 41 and further allege:
  2. JACKSON MEMORIAL HOSPITAL, by and through its nurses, employees, agents and staff, failed to administer health care in accord with the prevailing professional standard of care through its employees, agents and/or apparent agents, including but not limited to nurses, C.N.A.’s, therapists, doctors and others, all of whom were acting within the course and scope of their agency, real or apparent, such that they were negligent in the following respects:
  3. Failing to identify REDACTED’s risk for skin compromise;
  4. Failing to develop an appropriate plan for care to prevent the development of skin compromise;
  5. Failing to implement appropriate measures to avoid the development of skin compromise;
  6. Failing to modify the treatment plan to promote the healing of skin compromise;
  7. Failing to recognize REDACTED’s risk of infection;
  8. Failing to prevent infection in REDACTED;
  9. Failing to appropriately react to REDACTED’s infection;
  10. Failing to recognize REDACTED’s risk of skin breakdown;
  11. Failing to heal existing skin breakdown;
  12. Failing to timely obtain wound care; and
  13. Failing to act reasonably under the circumstances.
  14. As a direct and proximate result of the negligence of Defendant, as described above, REDACTED 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.

WHEREFORE, Plaintiff, REDACTED, demands judgment against the Defendant, JACKSON MEMORIAL HOSPITAL, and demands trial by jury.

COUNT VI: CH. 415 CLAIM VS. JACKSON

 

  1. Plaintiff re-alleges paragraphs 1 through 41 and further alleges:
  2. This Count involves allegations of Ch. 415 violations by the above Defendant.
  3. At all times during her hospitalization at the above Defendant’s hospital, the nurses and staff responsible for caring REDACTED while she was hospitalized were employees and/or agents of the JACKSON MEMORIAL HOSPITAL. These nurses and staff were specifically tasked with providing helping REDACTED with activities of daily living, like repositioning in bed, while she was a patient at the hospital.
  4. After her admission to JACKSON MEMORIAL HOSPITAL, the nurses and staff at JACKSON MEMORIAL HOSPITAL became REDACTED’S “caregivers”, as defined by Section 415.102, because said nurses and staff were entrusted with or assumed the responsibility for frequent and regular care of or services to REDACTED on a temporary or permanent basis and had a commitment, agreement, or understanding with REDACTED or REDACTED ‘s guardian that a caregiver role exists. This caregiver relationship began when the nurses/staff began treating vulnerable adult REDACTED as a patient following her admission and obvious immobility in bed. As referenced above, REDACTED could not care for herself, move herself, reposition herself in bed or perform activities of daily living, therefore, REDACTED’S nurses and staff assumed the responsibility for the repositioning of REDACTED.
  5. Despite occupying the role of “caregiver” to REDACTED, JACKSON MEMORIAL HOSPITAL nurses and staff “neglected” REDACTED, as that term is defined by Section 415.102. JACKSON MEMORIAL HOSPITAL nurses and staff, as caregivers of REDACTED, failed to provide the care, supervision, and services necessary to maintain the physical and mental health of REDACTED, including, but not limited to, repositioning the vulnerable adult in bed and keeping the vulnerable adult clean, that a prudent person would consider essential for the well-being of REDACTED.
  6. Specifically, JACKSON MEMORIAL HOSPITAL nurses and staff “neglected” REDACTED by failing to administer health care in accord with the prevailing professional standard of care, such that they were negligent in the following respects:
  7. Failing to reposition and move the vulnerable adult in bed;
  8. Failing to keep the vulnerable adult clean;
  9. Ignoring the vulnerable adult’s needs; and
  10. Failing to act reasonably under the circumstances.
  11. As a direct and proximate result of the aforementioned violations of Chapter 415 by Defendant’s nurses and staff, REDACTED, 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.
  12. Plaintiff has incurred and/or will incur attorney’s fees and costs related to pursuing its claim against this Defendant.
  13. Pursuant to Section 415.1111, if Plaintiff prevails in this action, Plaintiff is entitled to attorney’s fees and costs.

WHEREFORE, Plaintiff, REDACTED, demands all damages, and recovery of all attorney’s fees and costs as afforded under Florida Statute § 415.1111, allowable against Defendant, JACKSON MEMORIAL HOSPITAL and demands trial by jury.

COUNT VII:  REDACTED VS. SELECT

 

  1. Plaintiffs re-allege paragraphs 1 through 41 and further allege:
  2. SELECT SPECIALTY HOSPITAL, by and through its nurses, employees, agents and staff, failed to administer health care in accord with the prevailing professional standard of care through its employees, agents and/or apparent agents, including but not limited to nurses, C.N.A.’s, therapists, doctors and others, all of whom were acting within the course and scope of their agency, real or apparent, such that they were negligent in the following respects:
  3. Failing to identify REDACTED’s risk for skin compromise;
  4. Failing to develop an appropriate plan for care to prevent the development of skin compromise;
  5. Failing to implement appropriate measures to avoid the development of skin compromise;
  6. Failing to modify the treatment plan to promote the healing of skin compromise;
  7. Failing to recognize REDACTED’s risk of infection;
  8. Failing to prevent infection in REDACTED;
  9. Failing to appropriately react to REDACTED’s infection;
  10. Failing to recognize REDACTED’s risk of skin breakdown;
  11. Failing to heal existing skin breakdown;
  12. Failing to timely obtain wound care; and
  13. Failing to act reasonably under the circumstances.
  14. As a direct and proximate result of the negligence of Defendant, as described above, REDACTED 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.

WHEREFORE, Plaintiff, REDACTED, demands judgment against the Defendant, SELECT SPECIALTY HOSPITAL, and demands trial by jury.

COUNT VIII: CH. 415 CLAIM VS. SELECT

 

  1. Plaintiff re-alleges paragraphs 1 through 41 and further alleges:
  2. This Count involves allegations of Ch. 415 violations by the above Defendant.
  3. At all times during her hospitalization at the above Defendant’s hospital, the nurses and staff responsible for caring REDACTED while she was hospitalized were employees and/or agents of the SELECT SPECIALTY HOSPITAL. These nurses and staff were specifically tasked with providing helping REDACTED with activities of daily living, like repositioning in bed, while she was a patient at the hospital.
  4. After her admission to SELECT SPECIALTY HOSPITAL, the nurses and staff at SELECT SPECIALTY HOSPITAL became REDACTED’S “caregivers”, as defined by Section 415.102, because said nurses and staff were entrusted with or assumed the responsibility for frequent and regular care of or services to REDACTED on a temporary or permanent basis and had a commitment, agreement, or understanding with REDACTED or REDACTED ‘s guardian that a caregiver role exists. This caregiver relationship began when the nurses/staff began treating vulnerable adult REDACTED as a patient following her admission and obvious immobility in bed. As referenced above, REDACTED could not care for herself, move herself, reposition herself in bed or perform activities of daily living, therefore, REDACTED’S nurses and staff assumed the responsibility for the repositioning of REDACTED.
  5. Despite occupying the role of “caregiver” to REDACTED, SELECT SPECIALTY HOSPITAL nurses and staff “neglected” REDACTED, as that term is defined by Section 415.102. SELECT SPECIALTY HOSPITAL nurses and staff, as caregivers of REDACTED, failed to provide the care, supervision, and services necessary to maintain the physical and mental health of REDACTED, including, but not limited to, repositioning the vulnerable adult in bed and keeping the vulnerable adult clean, that a prudent person would consider essential for the well-being of REDACTED.
  6. Specifically, SELECT SPECIALTY HOSPITAL nurses and staff “neglected” REDACTED by failing to administer health care in accord with the prevailing professional standard of care, such that they were negligent in the following respects:
  7. Failing to reposition and move the vulnerable adult in bed;
  8. Failing to keep the vulnerable adult clean;
  9. Ignoring the vulnerable adult’s needs; and
  10. Failing to act reasonably under the circumstances.
  11. As a direct and proximate result of the aforementioned violations of Chapter 415 by Defendant’s nurses and staff, REDACTED, 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.
  12. Plaintiff has incurred and/or will incur attorney’s fees and costs related to pursuing its claim against this Defendant.
  13. Pursuant to Section 415.1111, if Plaintiff prevails in this action, Plaintiff is entitled to attorney’s fees and costs.

WHEREFORE, Plaintiff, REDACTED, demands all damages, and recovery of all attorney’s fees and costs as afforded under Florida Statute § 415.1111, allowable against Defendant, SELECT SPECIALTY HOSPITAL and demands trial by jury.

DATED this 10th day of August, 2017.

/s/ Michael J. Brevda, Esq.

Michael J. Brevda, Esq.

Florida Bar No.:  084048

Senior Justice Law Firm

33 S.E. 5th Street, Suite 105

Boca Raton, Florida 33432

Phone: (561) 717-0817

Fax:     (561) 708-6781

Email: [email protected]

Attorneys for the Plaintiff

[1] “The term “Never Event” was first introduced in 2001 by Ken Kizer, MD, former CEO of the National Quality Forum (NQF), in reference to particularly shocking medical errors (such as wrong-site surgery) that should never occur”… and include “Any stage 3, stage 4, or unstageable pressure ulcers acquired after admission/presentation to a health care facility” https://psnet.ahrq.gov/primers/primer/3/never-events