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PENNSYLVANIA RECORD

Friday, September 27, 2024

Plaintiffs Allege Negligence Against Healthcare Provider Over Elderly Woman's Injuries

State Court
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In a gripping lawsuit filed on behalf of an elderly woman, the plaintiffs allege severe negligence and misconduct by a prominent healthcare provider. The complaint, lodged by Maureen C. Welker and Kathleen A. Tutsock as Attorneys-in-Fact for Anita C. Welker, was submitted to the Court of Common Pleas of Allegheny County, Pennsylvania on February 13, 2023, against HCR III Healthcare, LLC doing business as ProMedica Skilled Nursing and Rehabilitation (Whitehall Borough).

The plaintiffs claim that Anita C. Welker, an 85-year-old woman with multiple medical conditions including anxiety and osteoarthritis, suffered significant injuries due to the defendants' failure to provide adequate care during her stay at ProMedica Skilled Nursing and Rehabilitation. On September 20, 2022, Ms. Welker fell at home and was subsequently admitted to Jefferson Regional Hospital before being transferred to ProMedica for rehabilitation on September 22, 2022.

Upon admission to ProMedica, Ms. Welker's condition included weakness and incontinence with dry flaky skin on her lower extremities. Despite being assessed as high-risk for falls and pressure ulcers due to her comorbidities and ambulatory dysfunctions, the plaintiffs allege that ProMedica failed to implement necessary precautions or provide adequate supervision.

The complaint details several instances of alleged neglect: "On October 11, 2022, at approximately 1:45 a.m., Ms. Welker suffered an unwitnessed fall when she fell out of her bed," resulting in acute comminuted fractures of her distal tibia and fibula among other injuries. Furthermore, the plaintiffs assert that ProMedica's staff entered contradictory notes regarding Ms. Welker’s pressure ulcers and failed to provide timely treatment orders for her wounds.

The plaintiffs accuse ProMedica of violating numerous regulations designed to protect residents from harm. These include failing to maintain clinical records properly, not providing sufficient nursing services on a 24-hour basis as required by law, and neglecting to ensure the facility operated in accordance with regulatory standards.

As a result of these alleged breaches in duty and violations of professional standards, the plaintiffs seek compensatory damages exceeding jurisdictional arbitration limits along with interests and costs of suit. They argue that Ms. Welker endured significant pain and suffering due to ProMedica's negligence.

Representing the plaintiffs are attorneys Elizabeth A. Chiappetta and Allison H. Greene from Robert Peirce & Associates P.C.

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