Complaint 2-Nursing Home Neglect Case - OBRA Violations, pt.2

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COUNT IV

Eva Grace Airhart vs. Town Manor Associates, L.L.C.

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, TOWN MANOR ASSOCIATES, L.L.C., 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, TOWN MANOR ASSOCIATES, L.L.C., 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, TOWN MANOR ASSOCIATES, L.L.C., 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 as an owner and/or operator of the nursing home, the Defendant, TOWN MANOR ASSOCIATES, L.L.C., 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, TOWN MANOR ASSOCIATES, 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, TOWN MANOR ASSOCIATES, L.L.C., 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;

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, TOWN MANOR ASSOCIATES, L.L.C., 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, TOWN MANOR ASSOCIATES, L.L.C., 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 V

Eva Grace Airhart vs. Town Manor Associates, L.L.C.

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, TOWN MANOR ASSOCIATES, L.L.C., 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, TOWN MANOR ASSOCIATES, L.L.C., 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, TOWN MANOR ASSOCIATES, L.L.C., 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, TOWN MANOR ASSOCIATES, L.L.C., by and through its owner, 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, TOWN MANOR ASSOCIATES, L.L.C., 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 TOWN MANOR ASSOCIATES, L.L.C.

9. That at the time EVA GRACE AIRHART was admitted to the nursing home, TOWN MANOR ASSOCIATES, L.L.C., 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, TOWN MANOR ASSOCIATES, L.L.C., 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's, TOWN MANOR ASSOCIATES, L.L.C., 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, TOWN MANOR ASSOCIATES, L.L.C., 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 VI

Eva Grace Airhart vs. FloydA. Schlossberg

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, FLOYD A. SCHLOSSBERG, individually and d/b/a THE ALDEN GROUP, LTD d/b/a ALDEN - TOWN MANOR REHABILITATION AND HEALTH CARE CENTER, 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, FLOYD A. SCHLOSSBERG, 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, FLOYD A. SCHLOSSBERG, 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 as an owner and/or operator of the nursing home, the Defendant, FLOYD A. SCHLOSSBERG, 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, FLOYD A. SCHLOSSBERG, individually and by and through his 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, FLOYD A. SCHLOSSBERG, by and through his 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 he failed to protect EVA GRACE AIRHART from neglect;

b. the Defendant violated §483.75 of the OBRA REGULATIONS when he failed to administer his 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 he failed to promote care for his residents in a manner and in an environment that maintains or enhances each resident's dignity and respect, including EVA GRACE AIRRHART, in full recognition of his individuality;

d. the Defendant violated §483.25(c)(1) of the OBRA REGULATIONS when he 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 he 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 he 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 he 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 he 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 he 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 he 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 he 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 he 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 he failed to protect EVA GRACE AIRHART from neglect;

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 he 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, FLOYD A. SCHLOSSBERG, individually and by his 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, FLOYD A. SCHLOSSBERG, individually and d/b/a THE ALDEN GROUP, LTD d/b/a 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 VII

Eva Grace Airhart vs. FloydA. Schlossberg

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, FLOYD A. SCHLOSSBERG, individually and d/b/a THE ALDEN GROUP, LTD d/b/a ALDEN - TOWN MANOR REHABILITATION AND HEALTH CARE CENTER, 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, FLOYD A. SCHLOSSBERG, 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, FLOYD A. SCHLOSSBERG, 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 at all times relevant to this Complaint, 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, FLOYD A. SCHLOSSBERG, 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 FLOYD A. SCHLOSSBERG.

9. That at the time EVA GRACE AIRHART was admitted to the nursing home, FLOYD A. SCHLOSSBERG, knew that he 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, FLOYD A. SCHLOSSBERG, breached his 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 he 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 he 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 he 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 he 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, FLOYD A. SCHLOSSBERG, by his 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, FLOYD A. SCHLOSSBERG, individually and d/b/a THE ALDEN GROUP, LTD d/b/a 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.

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