Nursing facility seeks suit dismissal

[cougarnurse]

Oh, lordy! What do you think of this? Thoughts and comments welcome. Nursing facility seeks suit dismissal - News - nvdaily.com


HARRISONBURG — A New Market nursing home being sued for $2.5 million by a late patient's estate is asking for the lawsuit to be dismissed from U.S. District Court.

Life Care Associates LLC, which operates Life Care Center at 315 E. Lee Highway, is asking the court to compel Betty H. Puffenbarger to enter into arbitration, according to online court records.

Puffenbarger is the administrator of Kenneth Eugene Huffman's estate.

She filed suit in mid-August, alleging that the nursing home didn't prevent the development of bedsores on Huffman, and didn't treat them properly.

The suit says that a catheter was improperly placed and cared for, medical records weren't properly maintained and that changes in Huffman's condition weren't passed along to a doctor.

This led, according to the suit, to a sacral wound, an abscess, a urinary tract infection and renal damage.

In a response filed last month, Life Care says Huffman's "own negligence was a contributing and proximate cause of his alleged injuries," and that he "failed to mitigate his alleged damages."

While he lived at the home, Huffman left the facility numerous times and was in the custody of either family members or other health workers, the response says.

Additionally, Puffenbarger's claims are subject to a valid arbitration agreement, it says.

A memorandum filed with the court says that Huffman's father, Virgil Huffman, signed a voluntary agreement for arbitration when his son entered the nursing home in mid-2003. Huffman had cerebral palsy.

The arbitration agreement calls for any disputes related to care, including injuries caused by improper care or malpractice, be settled through arbitration, rather than the court system.

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This case should remain in the court system. Nursing homes attempts to use arbitration clauses to their benefit have consistently been held unenforceable in many states. Many nursing home residents and their families who sign off on these documents do not understand the full extent of the documents they are signing. Many of the terms in the arbitration agreements themselves weigh strongly in favor of nursing home facilities.

What makes this situation even more repulsive is the nursing home's allegation that this person was contributorily negligent for the development of pressure sores! Someone should remind this facility that people seek out nursing homes to provide them with skilled nursing care. Heaven forbid this facility take responsibility for the negligent care provided by its staff.

Jonathan Rosenfeld
Chicago, IL

Chicago Nursing Home Abuse Lawyer & Attorney : Strellis & Field Law Firm : Bed Sores, Senior Neglect and Abuse, Sexual Abuse : Chicago, Joliet, Evanston, Illinois