STATE OF NORTH CAROLINA
ROBESON COUNTY
James A. Wells,
Guardian for Frank Wells,
Plaintiff,
VS.
Cumberland County Hospital
Sy t
e
S & R Health Care, Inc., d/b/a
Open Arms Rest Home,
Defendants.
~i~, T ~H~-~.ENERAL COURT OF JUSTICE
.... ~ ::-S~ERIOR COURT DIVISION
COMPLAINT
(JURY TRIAL DEMANDED)
i
t
NOW COMES Plaintiff, having been duly appointed guardian of Frank Wells on July
14,1999 complaining of defendant, allege and says the following:
VENUE
and
PARTIES
1.
Frank Wells is a resident of Lumbertoff, Robeson County, North Carolina.
Defendant, S & R Health Care, Inc., doing business as Open. _Agrns Rest Home, 110
Campus Avenue, Raeford, North Carolina, is a corporation organized and existing
under the laws of the State of North Carolina with one of its principle places of
business in Robeson County, Raeford, North Carolina, during the relevant times
referred to in this complaint (hereinafter Open Arms Rest Home).
Defendant, Cumberland County Hospital System, Inc., doing business as Cape Fear
Valley Medical Center, Southeastern Regional Rehabilitation Center, Cumberland
Hospital, 1638 Owen Drive, PO Box 2000, Fayetteville, North Carolina, is a
corporation organized and existing under the laws of the State of North Carolina with
one of its principle places of business in Cumberland County, Fayetteville, North
Carolina, during the relevant times referred to in this complaint (hereinafter Cape
¯ Fear Valley Hospital).
o
The Cumberland County Hospital System, Inc., located at 1638 Owen Drive, PO Box
2000, Fayetteville, North Carolina, is a health care provider within the defmiti, on of
N.C. State 90-21.11 and at all times relevant to the complaint, was and is~ license-~
hospital as defined by the North Carol!na General Statutes. \ ~’-
10.
11.-
While at Open Arms Rest Home, Frank Wells, was under the care of employees,
agents and servants of Open Arms Rest Home. The actions or omissions of any
persons who treated Mr. Wells are imputed to defendant Open Arms Rest Home.
While at Cape Fear Valley Hospital, Frank Wells was under the care of agents and
servants of Cape Fear Valley Hospital. The actions or omissions of any persons who
treated Mr. Wells are imputed to defendant Cape Fear Valley Hospital.
Each reference to any named defendant in this complaint includes their employees,
servants and principles of all named defendants.
Any defendant is the agent 0ftheir parentcorporation and flae parent corporation is
liable concurrently, jointly and severally for the acts of the agent subsidiary
corporation. " "
FACTS
~Io
CLAIM AGAINST CAPE FEAR VALLEY HOSPITAL
Plaintiff realleges paragraphs 1 through 8 as fully set forth;
On October 30, 1995, Mr. Wells was admitted to Cape Fear Valley Hospital for
surgical reduction of a fractured hip. Mr. Wells carried diagnoses of dementia,
Alzheimer’s disease, confusion and lack of cognitive skills. At the time of his
admission, Mr. Wells was completely free of skin breakdown.
On November 2, 1995, Mr. Wells underwent surgical repair of his hip.
During this hospital stay, the nurses at Cape Fear Valley Hospital wilfully, wantonly,
recklessly and negligently perpetuated a consistent pattern of abuse and neglect by:
(a)
repeatedly
failing to relieve pressure by adequately, appropriately,
timely, and consistently turning, positioning, repositioning, and
padding Frank Wells in order to prevent the formation of pressure
ulcers, lesions and sores on Mr. Wells’ body, despite identifying the
fact that Mr. Wells was at risk for pressure ulcers in their admission
assessment; .
(b)
repeatedly
failed to perform
thorough
wound assessments even
after pressure areas were identified;
(c)
repeatedly
misinterpreting their observations of darkened pressure
areas, including Mr. Wells’ right heel and left heel ;
12.
13.
(d)
repeatedly
failing to notify and apprise any physician of significant
changes in both the
development and worsening
of Mr. Wells’
pressure ulcers on both heels;
(e)
repeatedly
failing to seek treatment orders (wound dressings, topical
medicines, etc.) from a physician to treat/debride and promote healing
to the blackened heel areas;
(0
(g)
(h)
repeatedly
failing to identify the need to consult with a physician or
nurse wound care specialist to treat Frank Wells’ pressure ulcers on
both heels;
repeatedly
failing to insure and provide Frank Wells with
necessary care, treatments, and medications for-pressure ulcers,
lesions, and sores after their development;
repeatedly
failing to provide and insure an adequate plan of care for
Frank Wells based on his initial need for the prevention of pressure
ulcers and his subsequent needs for pressure ulcer treatment and
services, from admission to discharge.
At the time of discharge;- Cape Fear Valley Hospital wilfully, wantonly and
recklessly never once considered, much less conveyed to Open Arms Rest Home nor
any of the transferring agencies contacted the presence of severe bilateral heel
pressure ulcers nor the required level of care to treat and heal Frank Wells’ pressure
ulcers on both heels.
As a result of the wilful, wanton, reckless and negligent pattern of failures, Frank
Wells experienced serious, painful pressure ulcers that impaired his ability to
mobilize, rehabilitate and recover from hip surgery, causing medical expenses,
painful severing of nerve endings by tunneling pressure ulcers, painful surgical
debridement, loss of enjoyment of life, and other direct, incidental, and consequential
damages.
14.
II.
CLAIM FOR BAD FAITH RETENTION OF MEDICAL RECORDS
Plaintiff realleges paragraphs 9 through 13 as fully set forth;
On July 14, 2000, Frank Wells delivered a certified appointment of guardianship in
his favor and a medical release directing Open Arms Rest Home to release all records
regarding the care of Frank Wells. As guardian, James Wells has an
absolute
right
to evaluate the care given to his father Frank Wells.
15.
16.
17.
18.
21.
22.
23.
After leaving these documents with Diane Hedgpeth, Administrator, a demand was
again made to receive a copy of all records regarding the care of Frank Wells on July
17, 2000. At this meeting, defendant admitted that he had Mr. Wells’ records and he
could copy them with ease; nevertheless, defendant stated his insurance agent had
told him not to release the medical records.
On July 18, 2000, Sheila Wainwright, an insurance adjuster from Guide One
Insurance Company informed Gloria Leviner, legal assistant, that medical records
would not be released, notwithstanding the authorization and request from Mr. James
Wells and that Mr. Wells was to only go through her regarding these matters.
On July 19, 2000, the undersigned wrote Ms. Wainwright and demanded to have
the medical records by Friday July 21, 2000.
On Friday July 21,2000, documents proporting to be the medical records arrived at
the office of the undersigned via express mail.
The documents proporting to be the medical records omits crucial treatment records
between October 1, 1995 and January 23, 1996, and omit all physigal therapy notes.
¯ As a result of this bad faith retention of the medical, records, Open Arms Rest Home
has waived all rights i
t
may have had pursuant to Section 8C- 1 Rule 411 of the North
Carolina Rules of Evidence._
llI.
PATTERN OF WILFUL, WANTON, AND RECKLESS ABUSE
Plaintiff realleges paragraphsl 4 through 20-as fully set forth;
On November 13, 1995, Frank Wells was transferred from Cape Fear Valley Hospital
following right bipolar hip prostheses and admitted to Open Arms Rest Home. At
this time, Mr. Wells continued to carry diagnoses of dementia, Alzheimer’s disease,
confusion, and lack of cognitive skills.
Open Arms Rest Home sought patients in order to fill empty beds, increase their rate
of occupancy and overall revenues, to earn a profit.
By January 23, 1996, Open Arms Rest Home sent Frank Wells to the Cape Fear
Valley Hospital with multiple pressure ulcers, including Stage IV ulcer infected to
the bone with respect to Mr. Well’s right heel, and Stage III evolving ulcer to left
trochanter. Mr. Wells also suffered from (1) osteomyelitis, (2) cellulitis, (3)
malnutrition, (4) dehydration, (5) hypoglycemia, (6) partial collapsed lung, (7)
decreased level of consciousness, and(8) life threatening infection.
24.
25.
Open Arms Rest Home wilfully, wantonly, recklessly and negligently accepted Mr.
Wells into the rest home
knowing
that Mr. Wells needed
skilled care.
Open Arms did
so in its zeal to generate revenues.
Contrary to the representation referenced in paragraph 2 through 8 above, Open Arms
Rest Home wilfully, wantonly, recklessly and negligently perpetuated a consistent
pattern of abuse and neglect by:
(a)
failing to perform an accurate and honest assessment, including
wholly omitting to perform a skin assessment, to determine if the
unskilled
services and accommodations provided by Open Arms Rest
-Home would meet M~. Wells’ particular needs;
(b)
(c)
failing to refer Frank Wells to a home health agency for skilled
wound care; or in the alternative, failing to refer Frank Wells to a
competent
home health agency for wound care;
failing to transport Frank Wells in a timely manner to a higher
level of care;
(d)
failing to call 911;
failing to timely, consistently, and thoroughly notify and apprise any
physician of significant changes in the development and worsening
of Mr~ Wells’ pressure ulcers, and of the persistent, and unresolving
problems relating to the care and deteriorating physical condition of
Frank Wells;
failing to monitor the need for laboratory and other diagnostic
tests, to insure Mr. Well’s hydration, nutrition, immune system,
and over all condition;
(g)
failing to identify the need to consult with a specialist in wound
care and infection;
(h)
failing to consult or refer Frank Wells to an infectious disease
physician, a general surgeon, a dermatologist or enterostomal nurse;
(i)
failing to provide and insure Mr. Wells adequate sanitary care to
prevent infection and wound infection;
(J)
failing to relieve pressure by adequately, appropriately, timely, and
consistently turning, positioning, repositioning, and padding Frank
Wells in order to prevent the formation of pressure ulcers, lesions
and sores on his body;
26.
27.
(k)
failing to provide Mr. Wells adequate observation and examination
for skin breaks and pressure ulcers, lesions, and sores so as to
timely, consistently, and appropriately intervene to prevent the
formation of ulcerated, pus infiltrated, festering and necrotic sores
and lesions on his body that extended to the bone;
(l)
failing to insure and provide Frank Wells with necessary care,
treatments, and medications for healing pressure ulcers, lesions, and
sores after their development;
failing to provideand insure ~v’trl Wells received sufficient food, "
supplements, and fluids to meet his nutritional and hydrational
needs for healing of pressure ulcers;-
(n) failing to provide and insure an adequate plan of care for Frank Wells
based on his initial need for the prevention of pressure ulcers and his
subsequent needs for pressure ulcer treatment and services, from the
time of his admission, November 13, 1995, until January 23, 1996;
(o)
failing to implement and insure that an adequate care plan was
followed by the personnel at Open Arms Rest Home;
(p)
failing to identify and address Frank Well’schanging needs and
physical deterioration due to prior and ongoing nursing failures.
As a result of these
repeated
failures, Mr. Wells suffered from additional pressure
ulcers including, a new pressure ulcer to the left tr0chanter Stage III or deeper, and
previous pressure ulcers enlarged and deepened, including right heel Stage IV
infected to the bone. In addition, as a direct result of Open Arms’ failure to recognize
the limits of their ability to give care, Mr. Wells suffered osteomylitis, cellulitis,
malnutrition, dehydration, hypoglycemia, partial collapsed lung, decreased level of
consciousness and life threatening infection.
Open Arms Rest Home deceived Frank Wells and Louis Wells by representing
that Mr. Wells would receive adequate pressure relief, nutrition, hydration, and
would make timely, appropriate, and consistent referrals to skilled care when Mr.
Wells’ condition required such. In fact, Open Arms retained Mr. Wells and
compromised his medical needs to collect medicaid or medicare benefits.
IV.
Res Ipsa Loquitur
Plaintiff realleges paragraphs 21 through 27 as fully set forth;.
28.
29.
Plaintiff further reiterates that Open Arms Rest Home failed to perform an accurate
and honest assessment, including wholly omitting to perform a skin assessment, to
determine if the
unskilled
services and accommodations provided by Open Arms
would meet Mr. Wells’ particular needs;
(a)
the treatment of pressure ulcers was under the exclusive control and
management of Open Arms Rest Home agents, employees, and
servants;
(b)
the risk of developing pressure ulcers is not an inherent risk when
pressure is relieved by adequate, appropriate, timely, and
cwlslsteiit turrdng, repositioning, positioning madpauumg;-
-~
~"--
-
(c)
the risk of worsening pressure ulcers is not an inherent risk when
adequate, appropriate, timely, and consistent pressure ulcer treatment
and services are provided to promote healing and prevent infection;
(d)
moreover, pressure ulcers do not extend all the way to the bone
without
wilful, wanton, reckless, and negligent perpetuation of a
pattern of abuse and negligence;
(e)
direct evidence that defendant provided adequate, ¯appropriate, timely
and consistent pressure relief, treatment, and services to prevent
pressure ulcers and to heal plaintiff’s pressure ulcers is unavailable
because the documents proporting to be ihe medical records omit
crucial treatment records between October 1, 1995 through January
23, 1996, and omit all physical therapy notes;
(f)
plaintiff invokes.the doctrine-of
Res Ipsa Loquitur.
The nursing care and the patient placement decision of Frank Wells has been
reviewed by Judith Britt, RN a licensed nurse in the state of North Carolina and
elder care consultant. She will qualify as an expert witness in this action under Rule
702 of the Rules of Evidence
defendants:
WHER~o FORE, Plaintiff PRAYS TO RECOVER the following from the
(a)
(b)
Compensatory damages;
Punitive damages;
(c)
(d)
(e)
(0
The cost of this action, including attorney’s fees;
Interest as provided by law;
Trial by jury; and
Such other and further relief as the Court deems appropriate.
This the 24
t~
day of August, 2000
H. Bright ~(~)ler
Post Office3~’ox 669
Rockingham, NC 28380
(910) 997-7715
Gill & Tobias
Doug Gill
Post Office Box 1373
Southern Pines, NC 28387
(910) 692-7100
Attorneys for Plaintiff
