Nursing Home Neglect Complaint Pressure Sores

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Complaint at Law

Goldstein, Bender & Romanoff, Alan H. Bender, Goldstein, Bender & Romanoff, Attorney for Plaintiff, One North LaSalle Street, Suite 2600, Chicago, Illinois 60602, (312) 346-8558, Attorney ID. No. 31521.

The Plaintiff, EVA GRACE AIRHART, by her son, guardian and next friend, JOSEPH BATTAN, by and through their attorneys, GOLDSTEIN, BENDER & ROMANOFF, complains against the Defendants, ALDEN - TOWN MANOR REHABILITATION AND HEALTH CARE CENTER, INC., THE ALDEN GROUP, LTD d/b/a ALDEN-TOWN MANOR REHABILITATION AND HEALTH CARE CENTER, INC., and d/b/a ALDEN MANAGEMENT SERVICES, INC., TOWN MANOR ASSOCIATES, L.L.C., FLOYD A. SCHLOSSBERG, Individually and d/b/a THE ALDEN GROUP, LTD d/b/a ALDEN - TOWN MANOR REHABILITATION AND HEALTH CARE CENTER, INC., FORUM EXTENDED CARE SERVICES II, INC., PRISM HEALTH CARE SERVICES, INC., and FERNANDO HERNANDEZ, MD., as follows:

COUNT I

Eva Grace Airhart vs. Alden - Town Manor Rehabilitation and Health Care Center, Inc.

STATUTORY ACTION - NURSING HOME CARE ACT - NEGLECT

The Plaintiff, EVA GRACE AIRHART, by her son, guardian and next friend, JOSEPH BATTAN, by and through their attorneys, GOLDSTEIN, BENDER & ROMANOFF, complains against the Defendant, ALDEN - TOWN MANOR REHABILITATION AND HEALTH CARE CENTER, INC. (Hereinafter referred to as “ALDEN - TOWN MANOR”), as follows:

1. That EVA GRACE AIRHART was born on XX/XX/1928.

2. That EVA GRACE AIRHART suffers from Dementia, Parkinson's and Alzheimer's disease, altering her mental and physical state and JOSEPH BATTAN, her son, has been appointed guardian of the estate and person of the disabled EVA GRACE AIRHART.

3. That EVA GRACE AIRHART was admitted as a resident of the long-term care facility known as ALDEN - TOWN MANOR on August 6, 2009.

4. That at all times relevant to this Complaint, Defendant, ALDEN - TOWN MANOR REHABILITATION AND HEALTH CARE CENTER, INC., owned, operated, and/or managed a long-term care facility known as ALDEN - TOWN MANOR. Such facility is located at 6120 West Ogden Road, Cicero, Illinois, 60804.

5. That at all times relevant to this Complaint, Defendant, ALDEN - TOWN MANOR, was the licensee of the nursing home where EVA GRACE AIRHART was a resident.

6. That at all times relevant to this Complaint, a statute called the Nursing Home Care Act, as amended (the “Act”), 210 ILCS 45/101 et seq., remained in full force and effect.

7. That at all times relevant to this Complaint, the Facility owned and operated by the Defendant, ALDEN - TOWN MANOR, was a “facility” as defined by 45/1-113 of the Act. As a result, the facility was subject to the requirements of the Act as well as the regulations of the Illinois Department of Public Health that were promulgated pursuant to the Act.

8. That at all times relevant to this Complaint, the Defendant, ALDEN - TOWN MANOR, was defined as a “nursing facility” and was subjected to the requirements of 42 U.S.C. § 1396 (r) (1990) et seq., as amended by the Omnibus Budget Reconciliation Act of 1987 (“OBRA”) and Volume 42, Code of Federal Regulations, Part 483, which set forth Medicare and Medical Requirements for Long Term Facilities (“OBRA REGULATIONS”).

9. That at all times relevant to this Complaint, EVA GRACE AIRHART was assessed and admitted into ALDEN - TOWN MANOR with Dementia, Alzheimer's disease, Parkinson's disease, abnormal gait, anxiety and Stage I pressure ulcer located in her sacral area.

10. That at all times relevant to this Complaint, the culmination of EVA GRACE AIRHART'S mental and physical limitations required her to receive a level of medical supervision and assistance that amounted to total care. As a result, EVA GRACE AIRHART, received assistance and supervision with the performance of her daily life necessities and activities.

11. That at all times relevant to this Complaint, Defendant, ALDEN - TOWN MANOR, was aware that EVA GRACE AIRHART required medical supervision and assistance with the performance of her daily life necessities and activities. The Defendant, ALDEN - TOWN MANOR, was also aware that EVA GRACE AIRHART was to receive a medial care plan immediately to prevent pressure ulcers from developing and/or worsening, in particular the Stage I pressure ulcer located in her sacral area of EVA GRACE AIRHART.

12. That within a short period of time into her residency with the Defendant, ALDEN - TOWN MANOR, EVA GRACE AIRHART's Stage I pressure ulcer in her sacral area had progressed to Stage II pressure ulcer in her sacral area.

13. That within a short period of time into her residency with the Defendant, ALDEN - TOWN MANOR, EVA GRACE AIRHART's, Stage II pressure ulcer in her sacral area had progressed to a Stage III pressure ulcer in her sacral area.

14. That within a short period of time into her residency with the Defendant, ALDEN-TOWN MANOR, EVA GRACE AIRHART developed an unstageable pressure ulcer on her right heel.

15. That during her residency with the Defendant, ALDEN - TOWN MANOR, EVA GRACE AIRHART, lost a significant amount of weight and became dehydrated.

16. That during her residency with the Defendant, ALDEN - TOWN MANOR, EVA GRACE AIRHART, developed wounds to her body.

17. That pursuant to the Act, the Defendant, ALDEN - TOWN MANOR, through its owners, officers, employees and agents, was under a statutory obligation not to violate the rights of any resident of the Defendant, ALDEN - TOWN MANOR, including the obligation not to abuse or neglect any resident. According to the Act's express language:

An owner, licensee, administrator, employee or agent of a facility shall not abuse or neglect a resident. 210 ILCS 45/2-107.

“Abuse” means any physical or mental injury or sexual assault inflicted on a resident other than by accidental means in a facility. 210 ILCS 45/1-103.

“Neglect” means a failure in a facility to provide adequate medical or personal care or maintenance, which failure results in physical or mental injury to a resident or in the deterioration of a resident's physical or mental condition. 210 ILCS 45/1-117.

The term adequate care is synonymous with ordinary care, due care, or reasonable care, terms that have been used interchangeably to describe the standard of care for negligence. Harris v. Manor Healthcare Corp., 111 Ill. 2d 350 (Ill. 1986).

17. That during the period of EVA GRACE AIRHART'S residency with the Defendant, ALDEN - TOWN MANOR, by and through its employees, agents and/or servants, were negligent in its failure to provide EVA GRACE AIRHART with adequate care. As a result, the Defendant, ALDEN - TOWN MANOR, violated provisions of the Act that include, but are not limited to, the following:

a. Defendant, ALDEN - TOWN MANOR, violated §483.13(b) of the OBRA REGULATIONS and 77 Ill. Admin. Code, Ch. I §300.3240 when it failed to protect EVA GRACE AIRHART from neglect;

b. Defendant, ALDEN - TOWN MANOR, violated §483.75 of the OBRA REGULATIONS when it failed to administer its facility in a manner that enabled it to attain or maintain the highest practicable physical, mental and psychosocial well-being of each resident, including EVA GRACE AIRHART;

c. Defendant, ALDEN - TOWN MANOR, violated §483.15(a) of the OBRA REGULATIONS when it failed to promote care for its residents in a manner and in an environment that maintains or enhances each resident's dignity and respect, including EVA GRACE AIRHART, in full recognition of his individuality;

d. Defendant, ALDEN - TOWN MANOR, violated §483.25(c)(1) of the OBRA REGULATIONS when it failed to ensure that each resident, including EVA GRACE AIRHART, who entered a facility without multiple pressure sores does not develop multiple pressure sores;

e. Defendant, ALDEN - TOWN MANOR, violated §483.13(c) (1)(i) of the OBRA REGULATIONS and 77 Ill. Admin. Code, Ch. I §300.1210 (a), when it failed to provide the necessary care and services to attain and/or maintain the highest practicable physical, mental, and psychosocial well-being of EVA GRACE AIRHART, in accordance with her comprehensive plan of care;

f. Defendant, ALDEN - TOWN MANOR, violated §483.13(c)(1)(I) of the OBRA REGULATIONS and 77 Ill. Admin. Code, Ch. I §300.1210 (a), when it failed to develop and implement written policies and procedures that prohibit mistreatment, neglect, and abuse by failing to insure that physician orders were followed;

g. Defendant, ALDEN - TOWN MANOR, violated §483.25 of the OBRA REGULATIONS and 77 Ill. Admin. Code, Ch. I §300.1210 (a), when it failed to provide the necessary care and services to attain and/or maintain the highest practicable physical, mental, and psychosocial well-being of EVA GRACE AIRHART, in accordance with her comprehensive plan of care;

h. Defendant, ALDEN - TOWN MANOR, violated §483.25(c)(2) of the OBRA REGULATIONS when it failed to ensure that each resident, including EVA GRACE AIRHART, received necessary treatment and services to promote healing, prevent infection and prevent new sores from developing;

i. Defendant, ALDEN - TOWN MANOR, violated §483.25(d)(1) of the OBRA REGULATIONS when it failed to ensure that each resident, including EVA GRACE AIRHART, who entered the facility without an indwelling catheter is not catheterized unless the resident clinical condition demonstrates that catheterization was necessary;

j. Defendant, ALDEN - TOWN MANOR, violated §483.25(i) of the OBRA REGULATIONS when it failed to ensure that each resident, including EVA GRACE AIRHART, received sufficient fluid intake to maintain proper hydration and health;

k. Defendant, ALDEN - TOWN MANOR, violated §483.25(i)(1) of the OBRA REGULATIONS when it failed to ensure that each resident, including EVA GRACE AIRHART, maintain acceptable parameters of nutritional status, such as body weight and protein levels;

l. Defendant, ALDEN - TOWN MANOR, violated §483.30(a)(1) of the OBRA REGULATIONS when it failed to provide necessary services and treatment to maintain EVA GRACE AIRHART in the highest practicable level of functioning;

m. Defendant, ALDEN - TOWN MANOR, violated 77 Ill. Admin. Code, Ch. I §300.3240, when it failed to protect EVA GRACE AIRHART from neglect;

n. Defendant, ALDEN - TOWN MANOR, failed to ensure that each resident, including EVA GRACE AIRHART, maintain acceptable parameters of nutritional status, such as body weight and protein levels;

o. Defendant, ALDEN - TOWN MANOR, carelessly and negligently failed to properly order and maintain a proper turning schedule;

p. Defendant, ALDEN - TOWN MANOR, carelessly and negligently failed to provide heel protectors in timely manner;

q. Defendant, ALDEN - TOWN MANOR, carelessly and negligently failed to timely monitor, assess, initiate a care plan to treat a pressure soar redness, which progressed to a Stage II in five (5) days which progressed to a Stage III in ten (10) days;

r. Defendant, ALDEN - TOWN MANOR, carelessly and negligently failed to monitor and asses the pressure ulcer at each dressing properly and consecutively in order to prevent a pressure ulcer from worsening;

s. Defendant, ALDEN - TOWN MANOR, carelessly and negligently failed to follow and implement the Facility's protocol in that there was not an assessment of the Plaintiff's reddened area in a timely manner;

t. Defendant, ALDEN - TOWN MANOR, carelessly and negligently failed to reduce friction and shear, reduce the pressure, manage incontinence and maintain adequate nutrition in order to minimize and eliminate worsening;

u. Defendant, ALDEN - TOWN MANOR, carelessly and negligently failed to follow and implement the Facility's protocol in that no other cushions or preventative measures were put in place to EVA GRACE AIRHART bony prominence;

v. Defendant, ALDEN - TOWN MANOR, carelessly and negligently failed to properly assess, determine the rapid weight loss and to review and/or modify interventions to prevent further weight loss;

w. Defendant, ALDEN - TOWN MANOR, carelessly and negligently failed to discover, diagnose and/or treat wounds on EVA GRACE AIRHART's body;

x. Defendant, ALDEN - TOWN MANOR, carelessly and negligently failed to provide to all staff prevention and management of pressure ulcer education, including pressure ulcer etiology, the rationale for treatment, the activity guidelines and nutritional management;

y. Defendant, ALDEN - TOWN MANOR, carelessly and negligently failed to provide the staff with the necessary training and service regarding residents with pressure ulcers;

z. Defendant, ALDEN - TOWN MANOR, carelessly and negligently failed to properly supervise and monitor EVA GRACE AIRHART while she was under the facility's care;

aa. Defendant, ALDEN - TOWN MANOR, also acted with carelessness and negligence when it failed to provide adequate medical care, personal care, maintenance, supervision and treatment to EVA GRACE AIRHART.

18. That the Nursing Home Care Act, as amended, provides as follows:

The licensee shall pay the actual damages and costs and attorney's fees to a facility resident whose rights, as specified in part 1 of Article 2 of this Act, are violated. 210 ILCS 45/3-602.

19. That the Nursing Home Care Act, as amended, provides as follows:

The owner and licensee are liable to a resident for any intentional or negligent act or omission of their agents or employees which injures the resident. 210 ILCS 45/3/601.

20. That as a direct and proximate result of one or more of the Defendant, ALDEN - TOWN MANOR'S, violations of the Nursing Home Care Act and negligent acts and omissions, EVA GRACE AIRHART, has suffered severe personal injuries and will in the future suffer severe great pain, anguish, physical and mental suffering, disability, disfigurement, and a loss of dignity and respect; that EVA GRACE AIRHART has spent and become liable for, and may in the future spend and become liable for a large sum of money for medical care and attention; that EVA GRACE AIRHART was otherwise greatly injured and was caused to expend additional money as a result of said occurrence.

21. That as a direct and proximate result of one or more of the Defendant, ALDEN - TOWN MANOR'S, statutory violations and negligent acts and/or omissions, EVA GRACE AIRHART, has suffered severe personal injuries and will in the future suffer severe great pain, anguish, physical and mental suffering, disability, disfigurement, and a loss of dignity and respect; that EVA GRACE AIRHART has spent and become liable for, and may in the future spend and become liable for a large sum of money for medical care and attention; that the EVA GRACE AIRHART was otherwise greatly injured and was caused to expend additional money as a result of said occurrence.

22. That the Plaintiff, EVA GRACE AIRHART, by her son and next friend, JOSEPH BATTAN, brings this action pursuant to 210 ILCS 45/1-101, et. seq. , commonly known as the Nursing Home Care Act.

WHEREFORE, the Plaintiff, EVA GRACE AIRHART, by her son, guardian and next friend, JOSEPH BATTAN, prays for a judgment against the Defendant, ALDEN - TOWN MANOR REHABILITATION AND HEALTH CARE CENTER, INC., in an amount in excess of the jurisdictional limit of the Law Division of the Circuit Court of Cook County, Illinois and for attorney's fees and costs as provided for by Statute.

COUNT II

Eva Grace Airhart vs. The Alden Group, LTD

VICARIOUS LIABILITY

The Plaintiff, EVA GRACE AIRHART, by her son, guardian and next friend, JOSEPH BATTAN, by and through their attorneys, GOLDSTEIN, BENDER & ROMANOFF, complains against the Defendant, THE ALDEN GROUP, LTD d/b/a ALDEN-TOWN MANOR REHABILITATION AND HEALTH CARE CENTER, INC., and d/b/a ALDEN MANAGEMENT SERVICES, INC., as follows:

1. That EVA GRACE AIRHART was born on XX/XX/1928.

2. That EVA GRACE AIRHART suffers from Dementia, Parkinson's and Alzheimer's disease, altering her mental and physical state and JOSEPH BATTAN, her son, has been appointed guardian of the estate and person of the disabled EVA GRACE AIRHART.

3. That EVA GRACE AIRHART was admitted as a resident of the long-term care facility commonly known as ALDEN - TOWN MANOR on August 6, 2009.

4. That at all times relevant to this Complaint, the Defendant, THE ALDEN GROUP, LTD, was one of the owners of the nursing home located at 6120 West Ogden Road, Cicero, Illinois, 60804.

5. That at all times relevant to this Complaint, the Defendant, THE ALDEN GROUP, LTD, operated, and/or managed a long-term care facility commonly known as ALDEN - TOWN MANOR. Such facility is located at 6120 West Ogden Road, Cicero, Illinois, 60804.

6. That as an owner and/or operator of the nursing home, the Defendant, THE ALDEN GROUP, LTD, is vicariously liable for the negligent acts or omissions of the actual, implied and/or apparent agents, servants and/or employees of the nursing home.

7. That at all time relevant to this Complaint, the Defendant, THE ALDEN GROUP, LTD, by and through its employees, agents and/or servants had a duty to exercise the care required of a nursing home owner and/or operator in the same or similar circumstances.

8. That during the period of EVA GRACE AIRHART'S residency with the Defendant, THE ALDEN GROUP, LTD, by and through its employees, agents and/or servants, breached its duties and was negligent as a result of one or more of the following negligent acts or omissions:

a. the Defendant violated §483.13(b) of the OBRA REGULATIONS and 77 Ill. Admin. Code, Ch. I §300.3240 when it failed to protect EVA GRACE AIRHART from neglect;

b. the Defendant violated §483.75 of the OBRA REGULATIONS when it failed to administer its facility in a manner that enabled it to attain or maintain the highest practicable physical, mental and psychosocial well-being of each resident, including EVA GRACE AIRHART;

c. the Defendant violated §483.15(a) of the OBRA REGULATIONS when it failed to promote care for its residents in a manner and in an environment that maintains or enhances each resident's dignity and respect, including EVA GRACE AIRHART, in full recognition of his individuality;

d. the Defendant violated §483.25(c)(1) of the OBRA REGULATIONS when it failed to ensure that each resident, including EVA GRACE AIRHART, who entered a facility without multiple pressure sores does not develop multiple pressure sores;

e. the Defendant violated §483.13(c) (1)(i) of the OBRA REGULATIONS and 77 Ill. Admin. Code, Ch. I §300.1210 (a), when it failed to provide the necessary care and services to attain and/or maintain the highest practicable physical, mental, and psychosocial well-being of EVA GRACE AIRHART, in accordance with her comprehensive plan of care;

f. the Defendant violated §483.13(c)(1)(I) of the OBRA REGULATIONS and 77 Ill. Admin. Code, Ch. I §300.1210 (a), when it failed to develop and implement written policies and procedures that prohibit mistreatment, neglect, and abuse by failing to insure that physician orders were followed;

g. the Defendant violated §483.25 of the OBRA REGULATIONS and 77 Ill. Admin. Code, Ch. I §300.1210 (a), when it failed to provide the necessary care and services to attain and/or maintain the highest practicable physical, mental, and psychosocial well-being of EVA GRACE AIRHART, in accordance with her comprehensive plan of care;

h. the Defendant violated §483.25(c)(2) of the OBRA REGULATIONS when it failed to ensure that each resident, including EVA GRACE AIRHART, received necessary treatment and services to promote healing, prevent infection and prevent new sores from developing;

i. the Defendant violated §483.25(d)(1) of the OBRA REGULATIONS when it failed to ensure that each resident, including EVA GRACE AIRHART, who entered the facility without an indwelling catheter is not catheterized unless the resident clinical condition demonstrates that catheterization was necessary;

j. the Defendant violated §483.25(i) of the OBRA REGULATIONS when it failed to ensure that each resident, including EVA GRACE AIRHART, received sufficient fluid intake to maintain proper hydration and health;

k. the Defendant violated §483.25(i)(1) of the OBRA REGULATIONS when it failed to ensure that each resident, including EVA GRACE AIRHART, maintain acceptable parameters of nutritional status, such as body weight and protein levels;

l. the Defendant violated §483.30(a)(1) of the OBRA REGULATIONS when it failed to provide necessary services and treatment to maintain EVA GRACE AIRHART in the highest practicable level of functioning;

m. the Defendant violated 77 Ill. Admin. Code, Ch. I §300.3240, when it failed to protect EVA GRACE AIRHART from neglect;

1 n. the Defendant failed to ensure that each resident, including EVA GRACE AIRHART, maintain acceptable parameters of nutritional status, such as body weight and protein levels;

o. the Defendant carelessly and negligently failed to properly order and maintain a proper turning schedule;

p. the Defendant carelessly and negligently failed to provide heel protectors in timely manner;

q. the Defendant carelessly and negligently failed to timely monitor, assess, initiate a care plan to treat a pressure soar redness, which progressed to a Stage II in five (5) days which progressed to a Stage III in ten (10) days;

r. the Defendant carelessly and negligently failed to monitor and asses the pressure ulcer at each dressing properly and consecutively in order to prevent a pressure ulcer from worsening;

s. the Defendant carelessly and negligently failed to follow and implement the Facility's protocol in that there was not an assessment of the Plaintiff's reddened area in a timely manner;

t. the Defendant carelessly and negligently failed to reduce friction and shear, reduce the pressure, manage incontinence and maintain adequate nutrition in order to minimize and eliminate worsening;

u. the Defendant carelessly and negligently failed to follow and implement the Facility's protocol in that no other cushions or preventative measures were put in place to EVA GRACE AIRHART bony prominence;

v. the Defendant carelessly and negligently failed to properly assess, determine the rapid weight loss and to review and/or modify interventions to prevent further weight loss;

w. the Defendant carelessly and negligently failed to discover, diagnose and/or treat wounds on EVA GRACE AIRHART's body;

x. the Defendant carelessly and negligently failed to provide to all staff prevention and management of pressure ulcer education, including pressure ulcer etiology, the rationale for treatment, the activity guidelines and nutritional management;

y. the Defendant carelessly and negligently failed to provide the staff with the necessary training and service regarding residents with pressure ulcers;

z. the Defendant carelessly and negligently failed to properly supervise and monitor EVA GRACE AIRHART while she was under the facility's care; aa. the Defendant also acted with carelessness and negligence when it failed to provide adequate medical care, personal care, maintenance, supervision and treatment to EVA GRACE AIRHART.

9. That as a direct and proximate result of one or more of the Defendant's, THE ALDEN GROUP, LTD, by its agent, ALDEN-TOWN MANOR REHABILITATION AND HEALTH CARE CENTER, negligent acts and omissions, EVA GRACE AIRHART, has suffered severe personal injuries and will in the future suffer severe great pain, anguish, physical and mental suffering, disability, disfigurement, and a loss of dignity and respect; that EVA GRACE AIRHART has spent and become liable for, and may in the future spend and become liable for a large sum of money for medical care and attention; that EVA GRACE AIRHART was otherwise greatly injured and was caused to expend additional money as a result of said occurrence.

WHEREFORE, the Plaintiff, EVA GRACE AIRHART, by her son, guardian and next friend, JOSEPH BATTAN, prays for a judgment against the Defendant, THE ALDEN GROUP, LTD d/b/a ALDEN-TOWN MANOR REHABILITATION AND HEALTH CARE CENTER, INC., and d/b/a ALDEN MANAGEMENT SERVICES, INC., in an amount in excess of the jurisdictional limit of the Law Division of the Circuit Court of Cook County, Illinois and for attorney's fees and costs as provided for by Statute.

COUNT III

Eva Grace Airhart vs. The Alden Group, LTD

DIRECT NEGLIGENCE/DIRECT PARTICIPANT LIABILITY

The Plaintiff, EVA GRACE AIRHART, by her son, guardian and next friend, JOSEPH BATTAN, by and through their attorneys, GOLDSTEIN, BENDER & ROMANOFF, complains against the Defendant, THE ALDEN GROUP, LTD d/b/a ALDEN-TOWN MANOR REHABILITATION AND HEALTH CARE CENTER, INC., and d/b/a ALDEN MANAGEMENT SERVICES, INC., as follows:

1. That EVA GRACE AIRHART was born on XX/XX/1928.

2. That EVA GRACE AIRHART suffers from Dementia, Parkinson's and Alzheimer's disease, altering her mental and physical state and JOSEPH BATTAN, her son, has been appointed guardian of the estate and person of the disabled EVA GRACE AIRHART.

3. That EVA GRACE AIRHART was admitted as a resident of the long-term care facility commonly known as ALDEN - TOWN MANOR on August 6, 2009.

4. That at all times relevant to this Complaint, the Defendant, THE ALDEN GROUP, LTD, was one of the owners of the nursing home located at 6120 West Ogden Road, Cicero, Illinois, 60804.

5. That at all times relevant to this Complaint, the Defendant, THE ALDEN GROUP, LTD, operated, and/or managed a long-term care facility known as ALDEN - TOWN MANOR. Such facility is located at 6120 West Ogden Road, Cicero, Illinois, 60804.

6. That at all times relevant to this Complaint, THE ALDEN GROUP, LTD, by and through its owner FLOYD A. SCHLOSSBERG was an employee of the licensee, ALDEN - TOWN MANOR REHABILITATION AND HEALTH CARE CENTER, INC., and was responsible for operating and managing the nursing home in a manner sufficient to meet the needs of its residents, including EVA GRACE AIRHART.

7. That at all times relevant to this Complaint, the Defendant, THE ALDEN GROUP, LTD, was responsible for providing funds necessary to operate and manage the nursing home in a manner sufficient to meet the needs of its residents, including EVA GRACE AIRHART.

8. That at all times relevant to this Complaint, the Administrator, Director of Nursing and department heads reported to THE ALDEN GROUP, LTD.

9. That at the time EVA GRACE AIRHART was admitted to the nursing home, THE ALDEN GROUP, LTD, knew that it was funding, staffing, operating and managing the nursing home in a manner insufficient to meet the needs of a resident like EVA GRACE AIRHART.

10. That at the time EVA GRACE AIRHART was admitted to the nursing home, THE ALDEN GROUP, LTD, breached its duty to exercise ordinary care in funding, staffing, operating and managing the nursing home by one or more of the following negligent acts or omissions:

a. operating the nursing home without a qualified and/or properly trained wound care nurse when it knew or should have known that without said wound care nurse, a resident like EVA GRACE AIRHART could not receive the necessary treatment and services to promote healing, prevent infection and prevent new pressure sores from developing;

b. operated the nursing home without a qualified and/or properly trained dietician and/or nutritionist when it knew or should have known that without said dietician and/or nutritionist, a resident like EVA GRACE AIRHART could not receive the necessary care to maintain adequate nutrition and hydration;

c. failed to properly train a qualified wound care nurse when it knew or should have known that without a properly trained wound care nurse, a resident like EVA GRACE AIRHART could not receive the necessary treatment and services to promote healing, prevent infection and prevent new pressure sores from developing;

d. failed to properly train a qualified dietician and/or nutritionist when it knew or should have known that without a properly trained dietician and/or nutritionist, a resident like EVA GRACE AIRHART could not receive the necessary care to maintain adequate nutrition and hydration;

e. operated the nursing home without sufficient supplies necessary to perform wound treatments and dressing changes to residents with pressure sores;

f. operated the nursing home without a sufficient amount of regular nursing and CNA staff resulting in care being provided by agency nurses who did not known the residents and who were not oriented, trained and/or familiar with the nursing home's policies and procedures;

g. operated the nursing home with an excessive amount of agency nurses that were unfamiliar with the nursing home's policies and procedures regarding pressure ulcer prevention and treatment, nourishment, hydration, administration of medications, communication with health professionals and documentation;

h. operated the nursing home with high turnover in key management positions like Administrator and Director Nursing, preventing proper administration of the nursing home and proper supervision of the nursing staff;

i. operated the nursing home when it knew or should have known that the Administrator, Director of Nursing, and department heads were unable to meet the needs of residents, like EVA GRACE AIRHART, due to insufficient staff and supplies;

j. operated the nursing home without any standardized charting policies, preventing continuity of care and creating a situation where it became impossible to tell if resident care was actually being provided;

k. admitted EVA GRACE AIRHART to the nursing home, knowing that the nursing home was not adequately funded and unable to provide adequate care;

l. admitted EVA GRACE AIRHART to the nursing home, knowing that the nursing home was unsafe;

m. was aware of complaints, concerns and problems at the nursing home regarding pressure ulcer care and treatment and ignored them;

n. was aware of complaints, concerns and problems regarding the use of agency nurses and ignored them by continuing to hire agency nurses;

o. failed to correct systematic issues related to resident care needs, like the needs of EVA GRACE AIRHART, by failing to comply with plans of corrections submitted by the Illinois Department of Public Health;

p. failed to correct systematic issues related to resident care needs, like the needs of EVA GRACE AIRHART, as evidenced by numerous Illinois Department of Public Health citations;

q. operated the nursing home in a careless manner, by trying to increase occupancy and reduce operational costs;

r. continued to operate the nursing home when it knew or should have known that it was being improperly managed;

11. That as a direct and proximate result of one or more of the Defendant, THE ALDEN GROUP, LTD, by its agent, ALDEN-TOWN MANOR REHABILITATION AND HEALTH CARE CENTER negligent acts and omissions, EVA GRACE AIRHART, has suffered severe personal injuries and will in the future suffer severe great pain, anguish, physical and mental suffering, disability, disfigurement, and a loss of dignity and respect; that EVA GRACE AIRHART has spent and become liable for, and may in the future spend and become liable for a large sum of money for medical care and attention; that EVA GRACE AIRHART was otherwise greatly injured and was caused to expend additional money as a result of said occurrence.

WHEREFORE, the Plaintiff, EVA GRACE AIRHART, by her son, guardian and next friend, JOSEPH BATTAN, prays for a judgment against the Defendant, THE ALDEN GROUP, LTD d/b/a ALDEN-TOWN MANOR REHABILITATION AND HEALTH CARE CENTER, INC., and d/b/a ALDEN MANAGEMENT SERVICES, INC., in an amount in excess of the jurisdictional limit of the Law Division of the Circuit Court of Cook County, Illinois and for attorney's fees and costs as provided for by Statute.

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