A suit was filed last Thursday in the Circuit Court of the 6th Judicial Circuit for Pinellas County by a plaintiff against defendants Manor Care of Dunedin FL, LLC, HCR III Healthcare, LLC, and Promedica Health System, Inc. The plaintiff filed the suit as the personal representative to his mother’s estate.
The plaintiff’s mother was previously a resident at the defendant’s nursing home which is located in Pinellas County, Florida. The plaintiff alleges that the defendants enabled and are responsible for “tortious acts” that were committed against his mother since the defendants employed the nurses and caretakers who were involved in the inappropriate conduct directed towards her.
The resident was admitted to the defendant’s nursing home when she presented with ongoing medical conditions and cognitive changes, the complaint said. Due to her vulnerability and risk for skin breakdown, falls, wandering, infection, malnutrition, and dehydration, she needed constant supervision and assistance with her day-to-day functions. Given the nature of the facility, the plaintiff asserts that the defendants had a “non-delegable duty to ensure reasonable operation of the facility and reasonable care to residents.”
The complaint argues that she did not receive the necessary supervision from the defendants and that they did not meet a reasonable expectation of care for the resident. This lack of attention and care ultimately resulted in the resident suffering injuries that were otherwise preventable. The alleged negligence committed by the defendants gave way to these preventable injuries and “plagued” the resident until she died on July 2, 2020.
The preventable injuries resulted in the resident suffering “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.”
The complaint cites three counts of wrongful death and three counts of survival claims, all of which the plaintiff claims are direct results of the “actions and omissions of employees, agents and apparent agents” of the defendants. The plaintiff is seeking wrongful death damages, which include any and all damages under the wrongful death statute, medical bills and expenses, funeral expenses, and loss of net accumulations. He is also seeking a trial by jury.
The plaintiff is represented in the litigation by Senior Justice Law Firm.