Recently, our Fort Lauderdale hospital malpractice attorneys filed a lawsuit against Northwest Medical Center, alleging hospital acquired pressure ulcers.
If you or a loved one have a potential case against Northwest Medical Center, contact our Fort Lauderdale office today for a free case consultation: 754-312-7202.
Below is the publicly filed Amended Complaint.
Lawsuit Complaint vs. Northwest Medical Center, Inc.
IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY
CASE NO.: CACE-17-017086
NADINE ROBIN, as Personal Representative of the Estate of ESTELLE ROBIN,
Plaintiff,
vs.
NORTHWEST MEDICAL CENTER, INC.
Defendant.
____________________________________/
AMENDED COMPLAINT
Plaintiff, NADINE ROBIN, as Personal Representative of the Estate of ESTELLE ROBIN, hereby sues the Defendant, NORTHWEST MEDICAL CENTER, INC. and alleges:
General Allegations
1. This is an action for injuries sustained by ESTELLE ROBIN while a patient at Northwest Medical Center.
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 Broward County and the events on which this claim is based occurred in Broward County, Florida, and the Defendant, NORTHWEST MEDICAL CENTER, INC. was a Florida corporation, authorized and doing business in Broward County, Florida as a hospital in Broward County.
4. At all times material hereto, NORTHWEST MEDICAL CENTER, INC. (hereafter referred to as “NORTHWEST MEDICAL CENTER”) was a Florida corporation and owned and operated the hospital known as “NORTHWEST MEDICAL CENTER” in Broward County, Florida.
5. At all times material hereto, the hospital staff referenced herein were in the course and scope of their employment with NORTHWEST MEDICAL CENTER.
6. At all times material hereto, ESTELLE ROBIN was an adult resident of Broward County, Florida. NADINE ROBIN is the daughter of ESTELLE ROBIN and has been appointed, or is in the process of being appointed, as the Personal Representative of the Estate of Estelle Robin. At all times material hereto, NADINE ROBIN is also a Broward County resident.
7. Plaintiff has satisfied all conditions precedent pursuant to Chapter 766, Florida Statutes, and/or those conditions have been waived and this Complaint is being filed within the applicable statute of limitations.
Facts Giving Rise to this Cause of Action
8. Estelle Robin was an independent, fully functioning adult, living in her condominium in Margate, Florida.
9. On or around March 3, 2017, she required emergent admission to Northwest Medical Center for a fall she sustained at home. She was admitted to Northwest and cleared for surgery. On or around March 4, 2017, Mrs. Robin underwent a right hip ORIF surgery.
10. Following her hip surgery, Mrs. Robin was transferred to Northwest’s Intensive Care Unit. Mrs. Robin was totally dependent on staff for movement and mobility. At all times material following her surgery, Mrs. Robin as a vulnerable adult as that term is defined in F.S. Chapter 415.
11. At all times material, Mrs. Robin was unable to move herself in bed and relied on the hospital staff to be repositioned.
12. Despite this need, Mrs. Robin was not properly repositioned and developed a deep unstageable hospital acquired pressure ulcer, a “never event” in healthcare.
13. Estelle Robin died on October 10, 2017.
COUNT I – CH. 766 – ROBIN V. NORTHWEST MEDICAL CENTER
Plaintiff adopts and re-alleges paragraphs 1 through 13 and further alleges:
14. At all times material hereto, Defendant, NORTHWEST MEDICAL CENTER, 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 ESTELLE ROBIN, including but not limited to providing the necessary care, support and treatment in accordance with the generally accepted standards of care.
15. NORTHWEST MEDICAL CENTER 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 ESTELLE ROBIN’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 ESTELLE ROBIN’s risk of infection;
f. Failing to prevent infection in ESTELLE ROBIN;
g. Failing to appropriately react to ESTELLE ROBIN’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 ESTELLE ROBIN while acting within the course and scope of their employment, agency and/or apparent agency at NORTHWEST MEDICAL CENTER.
17. As a direct and proximate result of the negligence of NORTHWEST MEDICAL CENTER, as described above, ESTELLE ROBIN 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, from the time of injury until the date of death.
WHEREFORE, Plaintiff, NADINE ROBIN as Personal Representative of the Estate of ESTELLE ROBIN, demands judgment against the Defendant, NORTHWEST MEDICAL CENTER, INC., and demands trial by jury.
COUNT II – VIOLATIONS OF CHAPTER 415 RESULTING IN WRONGFUL DEATH
Plaintiff adopts and re-alleges paragraphs 1 through 13 and further alleges:
18. At all material times, ESTELLE ROBIN was a “vulnerable adult”, as defined by Section 415.102, because she was a person 18 years of age or older whose ability to perform the normal activities of daily living or to provide for her 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 her hip replacement surgery at NORTHWEST MEDICAL CENTER for her comminuted hip fracture, 94-year-old ESTELLE ROBIN was totally incapacitated with physical dysfunction and required ‘max assist’ with bed mobility.
19. At all times material hereto, the nurses and staff responsible for caring ESTELLE ROBIN while she was hospitalized were employees and/or agents of the NORTHWEST MEDICAL CENTER. These nurses and staff were specifically tasked with being caretakers for the vulnerable 94-year-old mobility-compromised patient, ESTELLE ROBIN, while she was a patient at NORTHWEST MEDICAL CENTER.
20. After her admission to NORTHWEST MEDICAL CENTER, the nurses and staff at NORTHWEST MEDICAL CENTER became ESTELLE ROBIN’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, ESTELLE ROBIN, on a temporary or permanent basis (during the in-patient hospitalization) and who had a commitment, agreement, or understanding with that person (ESTELLE ROBIN) or that person’s guardian (her power of attorney, NADINE ROBIN) that a caregiver role exists.
a. This ‘caregiver’ relationship began when the nurses/staff began treating vulnerable adult ESTELLE ROBIN as a patient upon her admission to NORTHWEST MEDICAL CENTER. As referenced above, ESTELLE ROBIN could not care for herself following her hip replacement, and this is when ESTELLE ROBIN became a ‘vulnerable adult’, with NORTHWEST MEDICAL CENTER’s nurses and staff assuming the responsibility for the care and supervision of ESTELLE ROBIN.
b. This ‘caregiver’ relationship is memorialized by the fact that NORTHWEST MEDICAL CENTER admitted ESTELLE ROBIN as a patient into their hospital and accepted monetary payments in exchange for assuming responsibility for frequent and regular care and services to ESTELLE ROBIN on a temporary or permanent basis, under the commitment, agreement or understanding with ESTELLE ROBIN and/or her guardian that a caregiver role exists.
21. Despite occupying the role of “caregiver” to ESTELLE ROBIN, NORTHWEST MEDICAL CENTER’s nurses and staff “neglected” ESTELLE ROBIN, as that term is defined by Section 415.102. NORTHWEST MEDICAL CENTER’s nurses and staff, as caregivers of ESTELLE ROBIN, failed to provide the care, supervision, and services necessary to maintain the physical and mental health of ESTELLE ROBIN that a prudent person would consider essential for the well-being of ESTELLE ROBIN.
22. NORTHWEST MEDICAL CENTER’s staff “neglected” ESTELLE ROBIN by:
a. Failing to move ESTELLE ROBIN in bed and in her chair;
b. Leaving ESTELLE ROBIN in her 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, ESTELLE ROBIN developed a severe pressure ulcer which worsened over time and led to infection and illness, causing her wrongful death.
24. As a direct result of ESTELLE ROBIN’s wrongful death, her surviving daughters, Nadine Robin and Terri Thomas, have suffered lost parental companionship, instruction, and guidance, as well as mental pain and suffering and the lost services and support of their mother. The daughters also incurred funeral expenses as a result of ESTELLE ROBIN’s passing.
25. As a direct result of ESTELLE ROBIN’s wrongful death, the Estate of ESTELLE ROBIN has suffered the loss of net accumulations to the estate, medical bills, funeral expenses and all damages recoverable under the wrongful death statute.
26. Plaintiff has incurred and/or will incur attorney’s fees and costs related to pursuing its claim against this Defendant.
27. Pursuant to Section 415.1111, if Plaintiff prevails in this action, Plaintiff is entitled to attorney’s fees and costs.
WHEREFORE, Plaintiff, NADINE ROBIN as Personal Representative of the Estate of ESTELLE ROBIN, demands all damages, and recovery of all attorney’s fees and costs as afforded under Florida Statute § 415.1111, allowable against Defendant, NORTHWEST MEDICAL CENTER, and demands trial by jury on all issues.
COUNT III – VIOLATIONS OF CHAPTER 415 NOT RESULTING IN DEATH
Plaintiff adopts and re-alleges paragraphs 1 through 13, 18 to 22 and further alleges:
28. Alternatively, it is alleged that as a direct result of the neglect alleged in paragraph 21 and 22, the actions did not result in the death of ESTELLE ROBIN.
29. Alternatively, as a direct and proximate result of the aforementioned violations of Chapter 415 by Defendant’s nurses and staff, ESTELLE ROBIN 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, from the time of injury until the date of death.
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, NADINE ROBIN as Personal Representative of the Estate of ESTELLE ROBIN, demands all damages, and recovery of all attorney’s fees and costs as afforded under Florida Statute § 415.1111, allowable against Defendant, NORTHWEST MEDICAL CENTER, and demands trial by jury on all issues.
DATED this 17th day of October, 2017.
/s/ Michael J. Brevda
Michael J. Brevda, Esquire
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: eservice@SeniorJustice.com
Attorney for Plaintiff
