COMPLAINT IN CIVIL ACTION JURY TRIAL Plaintiff, HCR MANORCARE, LLC; WALLINGFORD NURSING AND REHABILITATION

Transcription

1 WILKES & McHUGH, P.A. By: Ruben J. Krisztal Attorney Identification No By: Lisa E. Circeo Attorney Identification No Three Parkway 1601 Cherry Street, Suite 1300 Philadelphia, PA (215) rkrisztal THIS IS NOT AN ABRITRATION CASE. ASSESSMENT OF DAMAGES IS REQUIRED; JURY TRIAL DEMANDED. Counsel for Plaintiff, Dr. Mari M. Batta, Administratrix for the Estate of Dr. Satish K. Batta, deceased. IN THE COURT OF COMMON PLEAS OF DELAWARE COUNTY PENNSYLVANIA DR. MARI M. BATTA, as Administratrix for The Estate ofdr. SATISH K. BATTA, deceased Plaintiff, -Vs- HCR MANORCARE, LLC; WALLINGFORD NURSING AND REHABILITATION CENTER-WALL1NGFORD, -WALLINGFORD, PA, LLC d/b cl/b/a /a MANORCARE HEALTH SERVICES- - WALLINGFORD; MANORCARE HEALTH SERVICES, INC. a/k/a a/ida MANORCARE HEALTH SERVICES, LLC; MANOR CARE, INC.; HCR MANORCARE, INC.; HCR IV HEALTHCARE, LLC; HCR III HEALTHCARE, LLC; HCR II HEALTHCARE, LLC; HCR HEALTHCARE, HBALTHCARE, LLC; HCRMC OPERATIONS, LLC; HCR MANORCARE OPERATIONS II, LLC; HEARTLAND EMPLOYMENT SERVICES, LLC; HCR MANORCARE HEARTLAND, LLC; TRINA L. BRADBURD D.O.; BROD, KOHUTIAK KOF[UTIAK & JAMALI, LTD. a/k/a JAMALI AND KOHUTIAK, LTD.; MAIN LINE HEALTH SYSTEM CIVIL DIVISION NO.: COMPLAINT IN CIVIL ACTION JURY TRIAL DEMANDED Defendants.

2 NOTICE TO DEFEND You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint in Civil Action and Notice to Defend are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any claim or relief requested by Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE OR KNOW A LAWYER, THEN YOU SHOULD GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND FIN]) OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Delaware County THE DELAWARE COUNTY BAR ASSOCIATION 335 West Front Street, PO Box 4661 Media Pennsylvania Phone: (610) I Fax: (610)

3 WILKES WiLKES & McHUGH, P.A. By: Ruben J. Krisztal Esquire Attorney Identification No By: Lisa E. Circeo Attorney Identification No Three Parkway 1601 Cherry Street, Suite 1300 Philadelphia, PA (215) rkrisztal(wilkesmchugh.com THIS IS NOT AN ABRITRATION CASE. ASSESSMENT OF DAMAGES IS REQUIRED; JURY TRIAL DEMANDED. Counsel for Plaintiff, Dr. Mari M. Batta, Administratrix for the Estate of Dr. Satish K. Batta, deceased. IN THE COURT OF COMMON PLEAS OF DELAWARE COUNTY, PENNSYLVANIA DR. MARI M. BATTA, as Administratrix for The Estate of DR. SATISH K. BATTA, deceased 1025 i Ford Street Bridgeport, Pennsylvania Plaintiff, -vs- -Vs- HCR 11CR MANORCARE, LLC 333 N. Summit Street Toledo, Ohio and WALLINGFORD NURSING AND REHABILITATION CENTER- - WALLINGFORD, PA d/b dlb/a MANORCARE HEALTH SERVICES-WALLINGFORD S. Providence Road Wallingford, Pennsylvania and MANORCARE HEALTH SERVICES, INC. a/k/a MANORCARE HEALTH SERVICES, LLC 333 N. Summit Street Toledo, Ohio and MANOR CARE, INC. 333 N. Summit Street Toledo, Ohio and HCR MANORCARE, INC. 333 N. Summit Street Toledo, Ohio and CIVIL DIVISION NO.: COMPLAINT IN CIVIL ACTION JURY TRIAL DEMANDED

4 HCR 11CR IV HEALTHCARE, LLC 333 N. Summit Street Toledo, Ohio and HCR FICR III HEALTHCARE, LLC 333 N. Summit Street Toledo, Ohio and HCR II HEALTHCARE, LLC 333 N. Summit Street Toledo, Ohio and HCR HEALTHCARE, LLC 333 N. Summit Street Toledo, Ohio and HCRMC OPERATIONS, LLC 333 N. Summit Street Toledo, Ohio and HCR MANORCARE OPERATIONS II, LLC 333 N. Summit Street Toledo, Ohio and HEARTLAND EMPLOYMENT SERVICES, LLC 333 N. Summit Street Toledo, Ohio and HCR MANORCARE HEARTLAND, LLC 333 N. Summit Street Toledo, Ohio and TRINA L. BRADBURD, D.O. 535 Ramblewood Drive Bryn Mawr, Pennsylvania i and BROD, KOHUTIAK & JAMALI, JAMAL!, Ltd. a/k/a JAMALI AND KOHUTIAK, Ltd. Riddle Health Center 3, 3, Suite i West Baltimore Pike Media, Pennsylvania and 2

5 MAIN LINE HEALTH SYSTEM 259 North Radnor-Chester Road, Suite 290 Radnor, Pennsylvania Defendants. COMPLAINT IN CIVIL ACTION (The Complaint Includes a Medical Professional Liability Action) Plaintiff, Dr. Mari M. Batta, Administratrix for The Estate of Dr. Satish K. Batta, deceased, by and through undersigned counsel, Wilkes & McHugh, P.A., files the instant Complaint in Civil Action, and in support thereof avers the following: I. L PARTIES A. Plaintiff 1. Dr. Satish K. Batta, an adult individual, was a resident at the skilled nursing i. facility commonly known as ManorCare Health Services-Wallingford (hereinafter "the Facility") from November 19, 2013 through and until his death on November 25, Dr. Mari M. Batta, daughter of Dr. Satish K. Batta, is an adult individual and citizen of the Commonwealth of Pennsylvania, residing at 1025 Ford Street, Bridgeport, PA On August 5, 2014, Dr. Mari M. Batta was appointed Administratrix for the Estate of Dr. Satish K. Batta, deceased, by the Register of Wills of Delaware County. 4. On November 13, 2015, Plaintiff filed a writ of summons. This Complaint is being filed pursuant to this writ ofsummons, under number

6 B. Defendants, HCR ManorCare, LLC; Wallingford Nursing and Rehabilitation Center-Wallingfo -Wallingford, PA d/b dthia /a ManorCare Health Services-Wallingford; ManorCare Health Services, Inc. a/k/a ManorCare Health Services, LLC; Manor Care, Inc.; HCR ManorCare, Inc.; HCR IV Healthcare, LLC; HCR III 111 Healthcare, LLC; HCR II LI Healthcare, LLC; HCR Healthcare, Heaithcare, LLC; HCRMC Operations, LLC; HCR 11CR ManorCare Operations II, LLC; Heartland Employment Services, LLC; HCR 11CR ManorCare Heartland, LLC ("ManorCare Defendants") 5. Defendant, HCR ManorCare, LLC is a corporation, duly licensed, organized and existing under and by virtue of the laws of Delaware, with offices and a place of business located at 333 N. Summit Street Toledo, Ohio Defendant, HCR ManorCare, LLC, is engaged in the business of owning, operating and/or andlor managing nursing homes, including ManorCare Health Services-Wallingford, providing healthcare, medical services, therapy, rehabilitation, skilled nursing care, and custodial care to the public in Delaware County, Pennsylvania; and was at all times material hereto, duly licensed to operate same in the Commonwealth of Pennsylvania; and was the employer, supervisor and/or andlor partner of all other Defendants noted herein, holding itself and its agents, employees, servants, contractors, subcontractors, staff and/or partners, and those persons granted privileges at the Facility, out to the public as competent and skillful healthcare providers and practitioners of medicine; and which is personally, directly and vicariously liable, among other things for the acts and omissions of itself, its agents, employees, servants, contractors, subcontractors, staff and/or andlor partners and all other Defendants, all of whom played a role in the care provided to Dr. Satish K. Batta and in the operation ofthe Facility. 7. Defendant, Wallingford Nursing and Rehabilitation Center-Wallingford, PA d/b dib/a ManorCare Health Services-Wallingford, is a corporation, duly licensed, organized and existing under and by virtue of the laws of Pennsylvania, with offices and a place of business located at 115 S. Providence Road, Wallingford, Pennsylvania

7 8. Defendant, Wallingford Nursing and Rehabilitation Center-Wallingford, PA d/b dlbla /a ManorCare Health Services-Wallingford, is engaged in the business of owning, operating and/or managing nursing homes, including ManorCare Health Services Serviees-Wallingford, providing healthcare, medical services, therapy, rehabilitation, skilled nursing care, and custodial care to the public in Delaware County, Pennsylvania; and was at all times material hereto, duly licensed to operate same in the Commonwealth of Pennsylvania; and was the employer, supervisor and/or partner of all other Defendants noted herein, holding itself and its agents, employees, servants, contractors, subcontractors, staff and/or partners, and those persons granted privileges at the Facility, out to the public as competent and skillful healthcare providers and practitioners of medicine; and which is personally, directly and vicariously liable, among other things for the acts and omissions of itself, its agents, employees, servants, contractors, subcontractors, staff and/or partners and all other Defendants, all of whom played a role in the care provided to Dr. Satish K. Batta and in the operation ofthe Facility. 9. Defendant, ManorCare Health Services, Inc. a/k/a a/ida ManorCare Health Services, LLC is a corporation, duly licensed, organized and existing under and by virtue of the laws of Delaware, with offices and a place of business located at 333 N. Summit Street Toledo, Ohio Defendant, ManorCare Health Services, Inc. a/k/a ManorCare Health Services, LLC, is engaged in the business of owning, operating and/or managing nursing homes, including ManorCare Health Services-Wallingford, providing healthcare, medical services, therapy, rehabilitation, skilled nursing care, and custodial care to the public in Delaware Couiity, County, Pennsylvania; and was at all times material hereto, duly licensed to operate same in the Commonwealth of Pennsylvania; and was the employer, supervisor and/or partner of all other 5

8 Defendants noted herein, holding itself and its agents, employees, servants, contractors, subcontractors, staff and/or partners, and those persons granted privileges at the Facility, out to the public as competent and skillful healthcare providers and practitioners of medicine; and which is personally, directly and vicariously liable, among other things for the acts and omissions of itself, its agents, employees, servants, contractors, subcontractors, staff and/or partners and all other Defendants, all of whom played a role in the care provided to Dr. Satish K. Batta and in the operation ofthe Facility. 11. i i. Defendant, Manor Care, Inc., is a corporation, duly licensed, organized and existing under and by virtue of the laws of Delaware, with offices and a place of business located at 333 N. Summit Street Toledo, Ohio Defendant, Manor Care, Inc., is engaged in the business of owning, operating and/or managing nursing homes, including ManorCare Health Services-Wallingford, providing healthcare, medical services, therapy, rehabilitation, skilled nursing care, and custodial care to the public in Delaware County, Pennsylvania; and was at all times material hereto, duly licensed to operate same in the Commonwealth of Pennsylvania; and was the employer, supervisor and/or partner of all other Defendants noted herein, holding itself and its agents, employees, servants, contractors, subcontractors, staff and/or partners, and those persons granted privileges at the Facility, out to the public as competent and skillful healthcare providers and practitioners of. medicine; and which is personally, directly and vicariously liable, among other things for the acts and omissions of itself, its agents, employees, servants, contractors, subcontractors, staff and/or partners and all other Defendants, all of whom played a role in the care provided to Dr. Satish K. Batta and in the operation of the Facility. 6

9 13. Defendant, HCR ManorCare, Inc., is a corporation, duly licensed, organized and existing under and by virtue of the laws of Delaware, with offices and a place of business located at 333 N. Summit Street Toledo, Ohio Defendant, HCR ManorCare, Inc., is engaged in the business of owning, operating and/or managing nursing homes, including ManorCare Health Services-Wallingford, providing healthcare, medical services, therapy, rehabilitation, skilled nursing care, and custodial care to the public in Delaware County, Pennsylvania; and was at all times material hereto, duly licensed to operate same in the Commonwealth of Pennsylvania; and was the employer, supervisor and/or partner of all other Defendants noted herein, holding itself and its agents, employees, servants, contractors, subcontractors, staff and/or partners, and those persons granted privileges at the Facility, out to the public as competent and skillful healthcare providers and practitioners of medicine; and which is personally, directly and vicariously liable, among other things for the acts and omissions of itself, its agents, employees, servants, contractors, subcontractors, staff and/or andlor partners and all other Defendants, all of whom played a role in the care provided to Dr. Satish K. Batta and in the operation ofthe Facility. 15. I 5. Defendant, HCR IV Healthcare, LLC, is a corporation, duly licensed, organized and existing under and by virtue of the laws of Delaware, with offices and a place of business located at 333 N. Summit Street Toledo, Ohio Defendant, HCR IV Healthcare, LLC, is engaged in the business of owning, operating and/or managing nursing homes, including ManorCare Health Services-Wallingford, providing healthcare, medical services, therapy, rehabilitation, skilled nursing care, and custodial care to the public in Delaware County, Pennsylvania; and was at all times material hereto, duly licensed to operate same in the Commonwealth of Pennsylvania; and was the employer, 7

10 supervisor and/or andlor partner of all other Defendants noted herein, holding itself and its agents, employees, servants, contractors, subcontractors, staff and/or partners, and those persons granted privileges at the Facility, out to the public as competent and skillful healthcare providers and practitioners of medicine; and which is personally, directly and vicariously liable, among other things for the acts and omissions of itself, its agents, employees, servants, contractors, subcontractors, staff and/or partners and all other Defendants, all of whom played a role in the care provided to Dr. Satish K. Batta and in the operation ofthe Facility. 17. i Defendant, HCR III Healthcare, LLC, is a corporation, duly licensed, organized and existing under and by virtue of the laws of Delaware, DeLaware, with offices and a place of business located at 333 N. Summit Street Toledo, Ohio i Defendant, HCR III Healthcare, LLC, is engaged in the business of owning, operating and/or managing nursing homes, including ManorCare Health Services-Wallingford, providing healthcare, medical services, therapy, rehabilitation, skilled nursing care, and custodial care to the public in Delaware County, Pennsylvania; and was at all times material hereto, duly licensed to operate same in the Commonwealth of Pennsylvania; and was the employer, supervisor and/or partner of all other Defendants noted herein, holding itself and its agents, employees, servants, contractors, subcontractors, staff and/or partners, and those persons granted privileges at the Facility, out to the public as competent and skillful healthcare providers and practitioners of medicine; and which is personally, directly and vicariously liable, among other things for the acts and omissions of itself, its agents, employees, servants, contractors, subcontractors, staff and/or partners and all other Defendants, all of whom played' a role in the care provided to Dr. Satish K. Batta and in the operation of the Facility. 8

11 19. Defendant, HCR II Healthcare, LLC is a corporation, duly licensed, organized and existing under and by virtue of the laws of Delaware, with offices and a place of business located at 333 N. Summit Street Toledo, Ohio Defendant, HCR 11CR II Healthcare, LLC is engaged in the business of owning, operating and/or managing nursing homes, including ManorCare Health Services-Wallingford, providing healthcare, medical services, therapy, rehabilitation, skilled nursing care, and custodial care to the public in Delaware County, Pennsylvania; and was at all times material hereto, duly licensed to operate same in the Commonwealth of Pennsylvania; and was the employer, supervisor and/or partner of all other Defendants noted herein, holding itself and its agents, employees, servants, contractors, subcontractors, staff and/or partners, and those persons granted privileges at the Facility, out to the public as competent and skillful healthcare providers and practitioners of medicine; and which is personally, directly and vicariously liable, among other things for the acts and omissions of itself, its agents, employees, servants, contractors, subcontractors, staff and/or partners and all other Defendants, all of whom played a role in the care provided to Dr. Satish K. Batta and in the operation ofthe Facility Defendant, HCR Healthcare, LLC is a corporation, duly licensed, organized and existing under and by virtue of the laws of Delaware, with offices and a place of business located at 333 N. Summit Street Toledo, Ohio Defendant, HCR Healthcare, LLC is engaged in the business of owning, operating and/or managing nursing homes, including ManorCare Health Services-Wallingford, providing healthcare, medical services, therapy, rehabilitation, skilled nursing care, and custodial care to the public in Delaware County, Pennsylvania; and was at all times material hereto, duly licensed to operate same in the Commonwealth of Pennsylvania; and was the employer, supervisor and/or 9

12 partner of all other Defendants noted herein, holding itself and its agents, employees, servants, contractors, subcontractors, staff and/or partners, and those persons granted privileges at the Facility, out to the public as competent and skillful healthcare providers and practitioners of medicine; and which is personally, directly and vicariously liable, among other things for the acts and omissions of itself, its agents, employees, servants, contractors, subcontractors, staff and/or partners and all other Defendants, all of whom played a role in the care provided to Dr. Satish K. Batta and in the operation of the Facility. 23. Defendant, HCRMC Operations, LLC is a corporation, duly licensed, organized and existing under and by virtue of the laws of Delaware, with offices and a place of business located at 333 N. Summit Street Toledo, Ohio Defendant, HCRMC Operations, LLC, is engaged in the business of owning, operating and/or managing nursing homes, including ManorCare Health Services-Wallingford, providing healthcare, medical services, therapy, rehabilitation, skilled nursing care, and custodial care to the public in Delaware County, Pennsylvania; and was at all times material hereto, duly licensed to operate same in the Commonwealth of Pennsylvania; and was the employer, supervisor and/or partner of all other Defendants noted herein, holding itself and its agents, employees, servants, contractors, subcontractors, staff and/or partners, and those persons granted privileges at the Facility, out to the public as competent and skillful healthcare providers and practitioners of medicine; and which is personally, directly and vicariously liable, among other things for the acts and omissions of itself, its agents, employees, servants, contractors, subcontractors, staff and/or partners and all other Defendants, all of whom played a role in the care provided to Dr. Satish K. Batta and in the operation of the Facility. 10

13 25. Defendant, HCR ManorCare Operations II, Ii, LLC, is a corporation, duly licensed, organized and existing under and by virtue of the laws of Delaware, with offices and a place of business located at 333 N. Summit Street Toledo, Ohio Defendant, HCR ManorCare Operations II, LLC, is engaged in the business of owning, operating and/or andlor managing nursing homes, including ManorCare Health Services- - Wallingford, providing healthcare, medical services, therapy, rehabilitation, skilled nursing care, and custodial care to the public in ìn Delaware County, Pennsylvania; and was at all times material hereto, duly licensed to operate same in the Commonwealth of Pennsylvania; and was the employer, supervisor and/or partner of all other Defendants noted herein, holding itself and its agents, employees, servants, contractors, subcontractors, staff and/or andlor partners, and those persons granted privileges at the Facility, out to the public as competent and skillful healthcare providers and practitioners of medicine; and which is personally, directly and vicariously liable, among other things for the acts and omissions of itself, its agents, employees, servants, contractors, subcontractors, staff and/or andlor partners and all other Defendants, all of whom played a role in the care provided to Dr. Satish K. Batta and in the operation of the Facility. 27. Defendant, Heartland Employment Services, LLC is a corporation, duly licensed, organized and existing under and by virtue of the laws of Delaware, with offices and a place of business located at 333 N. Summit Street Toledo, Ohio Defendant, Heartland Employment Services, LLC is engaged in the business of - owning, operating and/or managing nursing homes, including ManorCare Health Services-. Wallingford, providing healthcare, medical services, therapy, rehabilitation, skilled nursing care, and custodial care to the public in Delaware County, Pennsylvania; and was at all times material hereto, duly licensed to operate same in the Commonwealth of Pennsylvania; and was the 1I 11

14 employer, supervisor and/or partner of all other Defendants noted herein, holding itself and its agents, employees, servants, contractors, subcontractors, staff and/or partners, and those persons granted privileges at the Facility, out to the public as competent and skillful healthcare providers and practitioners of medicine; and which is personally, directly and vicariously liable, among other things for the acts and omissions of itself, its agents, employees, servants, contractors, subcontractors, staff and/or partners and all other Defendants, all of whom played a role in the care provided to Dr. Satish K. Batta and in the operation ofthe Facility. 29. Defendant, HCR ManorCare Heartland, LLC, is a corporation, duly licensed, organized and existing under and by virtue of the laws of Delaware, with offices and a place of business located at 333 N. Summit Street Toledo, Ohio Defendant, HCR ManorCare Heartland, LLC, is engaged in the business of - owning, operating and/or managing nursing homes, including ManorCare Health Services- Wallingford, providing healthcare, medical services, therapy, rehabilitation, skilled nursing care, and custodial care to the public in Delaware County, Pennsylvania; and was at all times material hereto, duly licensed to operate same in the Commonwealth of Pennsylvania; and was the employer, supervisor and/or partner of all other Defendants noted herein, holding itself and its agents, employees, servants, contractors, subcontractors, staff and/or andlor partners, and those persons granted privileges at the Facility, out to the public as competent and skillful healthcare providers and practitioners of medicine; and which is personally, directly and vicariously liable, among other things for the acts and omissions of itself, its agents, employees, servants, contractors, subcontractors, staff and/or partners and all other Defendants, all of whom played a role in the care provided to Dr. Satish K. Batta and in the operation ofthe Facility. 12

15 C. Defendants, Trina L. Bradburd, D.O.; Brod, Kohutiak & Jamali, Ltd. a a/k/a Jamali and Kohutiak, Ltd.; Main Line Health System ("Doctor Defendants") 31. Defendant, Trina L. Bradburd, D.O, is an individual, who resides at 535 Ramblewood Drive, Bryn Mawr, Pennsylvania Dr. Bradburd was one of Dr. Satish Batta's primary care physicians and/or andlor attending physicians and/or andlor treating physicians while he was a resident at ManorCare - Wallingford. Upon information and belief at all relevant times.a herein, Trina L. Bradburd, D.O. was a licensed physician who, despite ample opportunity to do so, failed to adequately assess and treat Dr. Satish K. Batta and failed to transfer Dr. Satish K. Batta to a hospital in a timely manner, thereby causing him to expire. 32. Defendant, Brod, Kohutiak & Jamali, Ltd. a/k/a Jamali and Kohutiak, Ltd., is a corporation, duly licensed, organized and existing under and by virtue of the laws of and 3, 1098 Pennsylvania, with offices arid a place of business located at Riddle Health Center 3, i West Baltimore Pike, Suite 3311, Media, Pennsylvania a/k/a 33. Defendant, Brod, Kohutiak & Jamali, Ltd. alk/a Jamali and Kohutiak, Ltd., is engaged in the business of owning, operating and/or managing a medical practice specializing in Internal Medicine, providing healthcare, medical services to the public in Delaware County, Pennsylvania; and was at all times material hereto, duly licensed to operate same in the Commonwealth of Pennsylvania; and was the employer, supervisor and/or partner of Trina D. Bradburd D.O. noted herein, holding itself and its agents, employees, servants, contractors, subcontractors, staff and/or partners, and those persons granted privileges at Manor Care Health Services - Wallingford, out to the public as competent and skillful healthcare providers and practitioners of medicine; and which is personally, directly and vicariously liable, among other things for the acts and omissions of itself, its agents, employees, servants, contractors, 13

16 subcontractors, staff and/or partners, and Trina D. Bradburd D.O., all of whom played a role in the care provided to Dr. Satish K. Batta. 34. Defendant, Main Line Health System, is a corporation, duly licensed, organized and existing under and by virtue of the laws of Pennsylvania, with offices and a place of business located at 259 North Radnor-Chester Road. 35. Defendant, Main Line Health System, is engaged in the business of owning, operating and/or managing medical practices, providing healthcare, heaitheare, medical services, and nursing care to the public in Delaware County, Pennsylvania; and was at all times material hereto, duly licensed to operate same in the Commonwealth of Pennsylvania; and was the employer, supervisor and/or partner of Trina D. Bradburd D.O. and/or Brod, Kohutiak & Jamali Ltd. a/k/a Jamali and Kohutiak, Ltd., noted herein, holding itself and its agents, employees, servants, contractors, subcontractors, staff and/or partners, and those persons granted privileges at Manor Care Health Services - Wallingford, out to the public as competent and skillful healthcare providers provìders and practitioners of medicine; and which is personally, directly and vicariously liable, among other things for the acts and omissions of itself, its agents, employees, servants, contractors, subcontractors, staff and/or partners, Trina D. Bradburd D.O., and Brod, Kohutiak & Jamali LTD a/k/a Jamali and Kohutiak, LTD, all of whom played a role in the care provided to Dr. Satish K. Batta. 36. At all times material hereto, Defendants individually and collectively owed duties, some of which were non-delegable, to the residents of the Facility, including to Dr. Satish K. Batta, such duties being conferred by statute, existing at common law, and/or being voluntarily assumed by each Defendant. 14

17 37. At all times material hereto, Defendants individually and collectively, and/or through a joint venture, owned, operated, managed and controlled the Facility, and are individually and collectively engaged in the business of providing healthcare, medical services, therapy, rehabilitation, skilled nursing care, and custodial care services to the general public. II. JURISDICTION AND VENUE 38. Jurisdiction and venue are proper in this Honorable Court in so far as Defendants regularly conduct business in Delaware County, Pennsylvania and this cause of action arose, at least in part, in this county and/or andlor this action is being brought in any county in which venue may be laid against any Defendant. See Pa. R.C.P. 1006(a.1) and III. FACTUAL BACKGROUND A. Conduct of the ManorCare Defendants 39. Prior to his death on November 25, 2013, Dr. Satish K. Batta was a resident of the Defendants' facility.' 40. Dr. Satish K. Batta was incapable of independently providing for all of his daily care and personal needs without reliable assistance. In exchange for financial consideration, he was admitted to Defendants' Facility to obtain such care and protection The ManorCare Defendants, through advertising, marketing campaigns, promotional materials, and information sheets, held out themselves and the Facility as being able to provide medical, skilled nursing, rehabilitation, therapy, and arid custodial care services to elderly and frail individuals, including Dr. Satish K. Batta. 42. ManorCare Defendants assumed responsibility for Dr. Satish K. Batta's total healthcare, including the provision of nutrition, hydration, activities of daily living, medical, i 1 Plaintiff is not bringing any claims pursuant to 62 P.S. 1407(c) and nothing in the Complaint in Civil Action should be interpreted as an attempt to recover damages pursuant to that Statute. 15

18 skilled nursing, rehabilitation, and therapy. 43. ManorCare Defendants further assumed responsibility to provide Dr. Satish K. Batta with ordinary custodial and hygiene services. 44. ManorCare Defendants exercised complete and total control over the healthcare of all residents of the Facility, including Dr. Satish K. Batta. 45. ManorCare Defendants were vertically integrated organizations that were controlled by their respective members, managers and/or boards of directors, who were responsible for the operation, planning, management and quality control of the Facility. 46. The control exercised over the Facility by the ManorCare Defendants included, inter alia: cash management; cost control; setting staffing levels; budgeting; marketing; maintaining and increasing census; supervision of the Facility administrator and director of nursing; supervision and oversight of the staff; development and implementation of nursing staff in-services; development and implementation of all pertinent policy and procedures; monitoring customer satisfaction; performing mock surveys; risk management; corporate and regulatory compliance; quality of care assessment; licensure and certification; controlling accounts payable and receivable; development and implementation of reimbursement strategies; retaining contract management, physician, therapy and dietary services; dictating census and payor source quotas for admissions to the facility; and employing the Facility-level, level, regional and corporate staff who together operated the Facility. 47. ManorCare Defendants, by and through their respective members, managers, board of directors and corporate officers, utilized survey results and various other reports, including quality indicators, to monitor the care being provided at their nursing homes, including the Facility. 16

19 48. ManorCare Defendants exercised ultimate authority over all budgets and had final approval over the allocation of resources for staffing, supplies, and operations of their nursing homes including the Facility. 49. As a part of their duties and responsibilities, ManorCare Defendants had an obligation to establish policies and procedures that addressed the needs of the residents of the Facility, including Dr. Satish K. Batta, with respect to the recognition and/or andlor treatment of medicaland and nursing conditions, such as those experienced by Dr. Satish K. Batta, so as to ensure that timely and appropriate care was provided for such conditions whether within the Facility, or obtained from other medical providers. 50. ManorCare Defendants, acting through their administrators, members, managers, board of directors and corporate officers, were responsible for supervising the standard of professional practice by the members of their staff at the Facility, including regarding the conduct at issue herein ManorCare Defendants had an obligation to employ competent, qualified, and trained staff so as to ensure that proper care, treatment, and services were rendered to individuals having medical, nursing and/or andlor custodial needs, such as those presented by Dr. Satish K. Batta as set forth herein. 52. As a part of their duties and responsibilities, ManorCare Defendants had an obligation to maintain and manage the Facility with adequate staff and sufficient resources to ensure the timely recognition and appropriate treatment of the medical, nursing, and/or custodial needs of the residents, such as Dr. Satish K. Batta, whether within the Facility, or obtained from other medical care providers. 53. ManorCare Defendants made a conscious decision to operate and/or manage the 17

20 Facility so as to maximize profits at the expense of the care required to be provided to their residents, including Dr. Satish K. Batta. 54. In their efforts to maximize profits, ManorCare Defendants negligently, intentionally and/or andlor recklessly mismanaged and/or andlor reduced staffing levels below the level necessary to provide adequate care to the residents. 55. Despite their knowledge of the likelihood of harm due to insufficient staffing levels, and despite complaints from staff members about insufficient staffing levels, ManorCare Defendants recklessly and/or negligently disregarded the consequences of their actions, and/or negligently caused staffing levels at the Facility to be set at a level such that the personnel on duty could not and did not meet the needs of the Facility's residents, including Dr. Satish K. Batta. 56. ManorCare Defendants intentionally increased the number of sick, elderly and frail residents with greater health problems requiring more complex medical care. 57. ManorCare Defendants knew that this increase in the acuity care levels of the resident population would substantially increase the need for staff, services, and supplies necessary for the new resident population. 58. ManorCare Defendants knew, or should have known, that the acuity needs of the residents in their nursing homes increased and, therefore, the required resources also increased, including the need for additional nursing nursíng staff in order to meet the needs of the residents, including Dr. Satish K. Batta. 59. ManorCare Defendants failed to provide the resources necessary, including sufficient staff, to meet the needs of the residents, including Dr. Satish K. Batta. 60. ManorCare Defendants knowingly established staffing levels that created 18

21 recklessly high resident to staff ratios, including high resident to nurse ratios and high resident to nurse aide ratios ManorCare Defendants knowingly disregarded patient acuity levels while making staffing decisions, and also knowingly disregarded the minimum time required by the staff to perform essential day-to-day -day functions and treatments. 62. The acts and omissions of the ManorCare Defendants were motivated by a desire to increase the profits of the nursing homes they own, including the Facility, by knowingly, recklessly, and with total disregard for the health and safety of the residents, reducing expenditures for needed staffing, training, supervision, and care to levels that would inevitably lead to severe injuries, such as those suffered by Dr. Satish K. Batta. 63. The actions of the ManorCare Defendants were designed to increase reimbursements by governmental programs, which, upon information and belief, are the primary source of income for the Facility. 64. The aforementioned acts directly caused injury to Dr. Satish K. Batta and were known by the ManorCare Defendants. 65. ManorCare Defendants knowingly sacrificed the quality of care received by all residents, including Dr. Satish K. Batta, by failing to manage, care, monitor, document, chart, prevent, diagnose and/or treat the injuries and illnesses suffered by Dr. Satish K. Batta, as described herein, which included respiratory insufficiency, poor hygiene, severe pain, suffering, mental anguish, an obstructed tracheostomy tube on November 25, 2013, and ultimately death. 66. At the time and place of the incidents hereinafter described, the Facility collectively, whereupon the incidents occurred was individually, collectìvely, and/or through a joint venture, owned, possessed, controlled, managed, operated, and maintained under the exclusive control of 19

22 the ManorCare Defendants. 67. At all times material hereto, the Defendants were operating personally or through their agents, servants, workers, employees, contractors, subcontractors, staff, and/or andlor principals, who acted with actual, apparent, and/or ostensible authority, and all of whom were acting within the course and scope of their employment and under the direct and exclusive control of the ManorCare Defendants. 68. The aforementioned incidents were caused solely and exclusively by reason of the negligence, carelessness, and recklessness of the ManorCare Defendants, their agents, servants, contractors, subcontractors, staff, and/or employees and was due in no part to any act or failure to act on the part of Dr. Satish K. Batta. 69. ManorCare Defendants, their agents, servants, contractors, subcontractors, staff and/or employees are/were, at all times material hereto, licensed professionals/professional corporations and/or businesses and the Plaintiff is asserting professional liability claims against them. 70. In addition to all other claims and demands for damages set forth herein, Plaintiff is asserting claims for ordinary negligence, custodial neglect, and corporate negligence against the ManorCare Defendants herein, as each of the entities named as Defendants herein are directly and vicariously liable for their independent acts of negligence, for their acts of general negligence, and for their acts of general corporate negligence. B. Injuries to Dr. Satish K. Batta at the ManorCare Facility Batta's 1. Plaintiff is not seeking damages for the portions of Dr. Satish K. s residency that fall outside of the applicable statute of limitations, as ultimately construed by this Court. However, Plaintiff asserts that, pursuant to Pa.R.E. 404(b), evidence of prior injuries and 20

23 negligence of the ManorCare Defendants which pre-dates the applicable damages period are still relevant for determining ManorCare Defendants' knowledge, notice, habit, routine, pattern, practice, and absence of mistake. 72. Upon admission to the Facility and during the relevant time period, Dr. Satish K. Batta was dependent upon the staff for his physical, mental, psycho-social, medical, nursing, and custodial needs, requiring total assistance with activities of daily living, and he had various illnesses and conditions that required evaluation and treatment. 73. Dr. Satish K. Batta was at risk for future illnesses and injuries, including, negligence that led to respiratory insufficiency and death. 74. ManorCare Defendants engaged in a pattern of care replete with harmful and injurious commissions, omissions, and neglect as described herein. 75. ManorCare Defendants deprived Dr.. Satish K. Batta of adequate care, treatment, food, water, and medicine and caused him to suffer numerous illnesses and injuries, which included respiratory insufficiency, poor hygiene, severe pain, extreme suffering, mental anguish, an obstructed tracheostomy tube on November 25, 2013, and ultimately death. 76. The severity of the negligence inflicted upon Dr. Satish K. Batta by the ManorCare Defendants, accelerated the deterioration of his health and physical condition, and resulted in physical and emotional injuries that caused him severe pain, suffering, and mental anguish, together with unnecessary hospitalizations, and death. 77. These injuries, as well as the conduct specified herein, caused Dr. Satish K. Batta to suffer a loss of personal dignity, together with degradation, anguish, emotional trauma, and death. 21

24 78. On November 19, 2013, Dr. Satish K. Batta was discharged from University of Pennsylvania Hospital (HUP) to Manorcare Health Services-Wallingford. HUP's discharge instructions regarding tracheostomy tube care included: emptying and measuring the tubes, lines and drains three times a day; suctioning the tracheostomy tube every two hours or more as needed; suction frequently with saline bullets; and removing the inner cannula and cleaning at least daily. 79. On November 21, 2013, a pulmonary consultation revealed that Dr. Satish K. Batta was suffering from wheezing due to a blocked inner cannula. A new physician's order was written to change the inner cannula daily. According to nursing documentation, this was not done on November 19, 2013, and also not done on November 23, On November 24, 2013, during tracheostomy tube cleaning, nursing notes indicate the presence ofthick blood tinged mucus throughout the cannula. Per nursing notes, the staffcleaned the cannula but did not suction. K. 81. On November 25, 2013, shortly after midnight, Dr. Satish KBatta was suffering from labored breathing and used a handwritten note to indicate that he needed to go the Emergency Room immediately for treatment. 82. Dr. Satish K. Batta also asked the staff to call his daughter and provided her phone number, yet the Facility failed to contact Dr. Batta's family. 83. The Facility failed to immediately transfer Dr. Satish K. Batta to the hospital. 84. The Facility, ignoring Dr. Satish K. Batta's request, chose instead to call his treating physician. The call was given to Dr. Trina Bradburd, who was covering for Dr. Elkin. 85. Dr. Trina Bradburd gave an order for Benadryl and did not order that Dr. Batta be taken to the hospital. 22

25 86. Instead of recognizing the medication error and the insufficiency of Dr. Bradburd's order, the staff at the facility attempted to treat Dr. Satish K. Batta with Benadryl. 87. The Facility failed to contact the Medical Director after Dr. Trina Bradburd prescribed the wrong medication, Benadryl rather than Ativan, to treat Dr. Satish K. Batta. 88. The Facility failed to call the Medical Director and explained the serious nature of Dr. Batta's respiratory distress and urgent need to go the emergency room. 89. The Facility failed to identify the emergency situation and failed to call in a timely fashion as Dr. Batta expressly wished and objectively needed. 90. Dr. Satish K. Batta continued his pleas for help in writing, informing the staff that he was in respiratory distress and was going to die. The Facility ignored his requests and failed to take him to the emergency room. 91. After the Facility's refusals to honor Dr. Satish Batta's repeated requests to be taken to the emergency room, nursing notes then described Dr. Satish K. Batta as turning grayish, and his heart rate and respiratory rate dropped. 92. Per nursing notes, the Facility waited until Dr. Satish K. Batta was "full code" before calling By the time the medics arrived, Dr. Satish K. Batta was unresponsive. 94. Dr. Satish K. Batta was pronounced dead at Crozier Chester Medical Center, with their doctor citing his time of death as 2:22am, further noting that Dr. Batta had no cardiac activity upon EMS arrival and that EMS provided all appropriate services. 95. Dr. Satish K. Batta's death certificate lists his cause of death as respiratory insufficiency and a partially obstructive mucous plug within his tracheostomy tube. 96. Even after the Facility received notification that Dr. Satish K. Batta had been 23

26 pronounced dead at the hospital, nurse's notes continue to incorrectly indicate that there was no contact information for family to call or notify. 97. Defendants accepted Dr. Satish K. Batta as a resident fully aware of his medical history and understood the level of nursing care he required. 98. Dr. Satish K. Batta's chart includes and evidences missing and incomplete documentation. 99. Defendants failed to transfer Dr. Satish K. Batta to the Emergency Room when he showed signs of respiratory distress, as required by physician's orders and despite Dr. Satish K. Batta repeatedly communicating to them that he was in distress and that he needed emergency medical help loo. Upon information and belief, the facility's failure to transfer and delay in transferring arises out of Defendants' corporate and financial strategy to delay and prevent unplanned resident discharges to hospitals Defendants failed to contact Dr. Satish K. Batta's family when his condition required it and when he specifically requested they do so Defendants also misled Crozier Chester Medical Center, telling them Dr. Satish K. Batta had no family members involved and that there were no family members to inform of his change of condition or death, even though Defendants were aware that he had a living spouse and at least one living daughter The severity of the negligence inflicted upon Dr. Satish K. Batta by the Defendants' mismanagement, improper/under-budgeting, understaffing of the Facility and lack oftraining or supervision ofthe Facility's employees, failure to provide adequate and appropriate health care; engaging in incomplete, inconsistent and fraudulent documentation; failure to 24

27 develop an appropriate care plan; failure to ensure the highest level of physical, mental and psychosocial functioning was attained; failure to provide proper medication; failure to provide sufficient food and water; and failure to provide proper tracheostomy care, caused Dr. Satish K. Batta to suffer respiratory insufficiency, poor hygiene, severe pain, suffering, mental anguish, an obstructed tracheostomy tube on November 25, 2013, and ultimately death i As a result of the negligence, carelessness and recklessness of the ManorCare Defendants herein described, Dr. Satish K. Batta was caused to suffer serious and permanent injuries as described herein, to, in and about his body and possible aggravation and/or activation existing and/or of any pre-existing conditions, illnesses, ailments, or diseases he had, andlor the accelerated deterioration of his health, physical and mental condition, and a loss of the ordinary pleasures of life, a loss of dignity, humiliation, anxiety, and more particularly, respiratory insufficiency, poor hygiene, severe pain, suffering, mental anguish, an obstructed tracheostomy tube on November 25, 2013, and ultimately death ManorCare Defendants' actions are outrageous and a willful disregard ofthe most certain risk ofharm they were creating to Dr. Satish K. Batta. C. Conduct of the Doctor Defendants 106. At all times relevant hereto, Dr. Rodney Elkin, M.D., who is not a named defendant, was one of the physicians who had the responsibility to care for Dr. Satish K. Batta while he was a resident at the ManorCare - Wallingford Facility At all times relevant hereto, the Doctor Defendants, including Dr. Trina Bradburd, D.O., assumed responsibility to be on call and be responsible for the care for patients assigned to Dr. Rodney Elkin, M.D., including Dr. Satish K. Batta. 25

28 108. One of the Doctor Defendants' responsibilities was to be available to monitor and oversee the quality of care that was being provided to Dr. Satish K. Batta while he was a resident in the Facility The Doctor Defendants failed to address Dr. Satish K. Batta's medical needs and concerns which were brought to their attention by the Facility. i 110. i When she was told that Dr. Satish Batta was in respiratory distress, Dr. Trina Bradburd, on call for Dr. Elkin, prescribed Benadryl and refused to call in an Ativan prescription to the pharmacy, thereby prescribing the wrong medication i i i. Dr. Trina Bradburd refused to give an order to the Facility to transfer Dr. Satish Batta to the hospital so that he could receive emergency treatment that he needed due to respiratory distress The aforementioned acts directly caused injury to and led to the death of Dr. Satish K. Batta The Doctor Defendants knowingly sacrificed the quality of care received by Dr. Satish K. Batta, by failing to manage, care, monitor, prevent, diagnose and/or treat the injuries and illnesses suffered by Dr. Satish K. Batta, as described herein, which included respiratory insufficiency, severe pain, suffering, mental anguish, an obstructed tracheostomy tube on November 25, 2013, and ultimately death. i At the time and place of the incidents hereinafter described, the Doctor Defendants were individually, collectively, and/or andlor through a joint venture, responsible for the medical treatment and care to be provided to Dr. Satish K. Batta while he was at the Facility i I At all times material hereto, the Doctor Defendants were operating personally or through their agents, servants, workers, employees, contractors, subcontractors, staff, and/or 26

29 principals, who acted with actual, apparent, and/or ostensible authority, and all of whom were acting within the course and scope of their employment and under the direct and exclusive control of the Doctor Defendants i I The aforementioned incidents were caused partially by reason of the negligence, carelessness, and recklessness of the Doctor Defendants, their agents, servants, contractors, subcontractors, staff, and/or employees and was due in no part to any act or failure to act on the part ofdr. Satish K. Batta i i The Doctor Defendants, their agents, servants, contractors, subcontractors, staff licensed and/or employees are/were, at all times material hereto, licènsed professionals/professional corporations and/or businesses and the Plaintiff is asserting professional liability claims against them I 18. In addition to all other claims and demands for damages set forth herein, Plaintiff is asserting claims for ordinary negligence and corporate negligence against the Doctor Defendants herein, as each of the entities named as Doctor Defendants herein are directly and vicariously liable for their independent acts of negligence, for their acts of general negligence, and for their acts of general corporate negligence. D. Injuries to Dr. Satish K. Batta by the Doctor Defendants 119. Between November 19, 2013 and November 25, 2013, Dr. Satish K. Batta was accepted as a resident at the ManorCare Defendants' Facility for rehabilitation and tracheostomy tube care, and the Doctor Defendants were supposed to be available to monitor and oversee the quality of care that was being provided to Dr. Satish K. Batta while he was a resident in the Facility. 27

30 120. When Doctor Defendants agreed to be on call for Dr. Elkin, they were Dr. Satish K. Batta's primary care physicians and/or attending physicians and/or treating physicians, and as such owed a duty of care to provide care and treatment to their patient, Dr. Satish K. Batta Per nurses notes from the Facility entered after midnight on November 25, 2013, nurse Cynthia Cannon called Dr. Trina Bradburd, who was covering for Dr. Elkin, about the condition of resident Dr. Satish K. Batta and about him asking to go to the emergency room due to respiratory distress. Per the notes, Dr. Trina Bradburd refused to give an order sending her patient to the emergency room Per the same nurse's note, Dr. Trina Bradburd also refused to call the pharmacy so that the nurse could have authority to fill an order for Ativan Per the same nurse's note, Dr. Trina Bradburd then gave an order to give Benadryl, 25mg, which was a clear medication error for the medical emergency i During the delay in obtaining emergency medical treatment as Dr. Satish K. Batta obviously needed and requested, he became greyish in color and his respiratory rate dropped. He was noted to be in "full code" in the nursing notes, which were entered by Cherish Oetell, Oeteil, RN It was not until after Dr. Satish K. Batta was in "full code" that the Facility called However, when the medics arrived Dr. Satish K. Batta was already in cardiac arrest and unresponsive Dr. Satish K. Batta was pronounced dead at Crozier Chester Medical Center, with their doctor citing his time of death as 2:22am, further noting that Dr. Batta had no cardiac activity upon EMS arrival and that EMS provided all appropriate services The severity of the negligence inflicted upon Dr. Satish K. Batta by the Doctor Defendants' mismanagement, improper/under-budgeting, understaffing of their Practice's staff 28

31 and lack of training or supervision of the practice's doctors and employees, failure to provide adequate and appropriate health care; failure to ensure the highest level of physical, mental and psychosocial functioning was attained; failure to provide proper medication; failure to provide proper tracheostomy care, and failure to order their patient to the emergency room, caused Dr. Satish K. Batta to suffer respiratory insufficiency, severe pain, suffering, mental anguish, an obstructed tracheostomy tube on November 25, 2013, and ultimately death As a result of the negligence, carelessness and recklessness of the Doctor Defendants herein described, Dr. Satish K. Batta was caused to suffer serious and permanent injuries as described herein, to, in and about his body and possible aggravation and/or activation existing of any pre-existing conditions, illnesses, ailments, or diseases he had, and/or the accelerated deterioration of his health, physical and mental condition, and a loss of the ordinary pleasures of life, a loss of dignity, humiliation, anxiety, and more particularly, respiratory insufficiency, severe pain, suffering, mental anguish, an obstructed tracheostomy tube on November 25, 2013, and ultimately death The Doctor Defendants' actions are reckless and a willful disregard of the most certain risk ofharm they were creating to Dr. Satish K. Batta. IV. Iv. COUNT ONE - Negligence - ManorCare Defendants Dr. Mari M. Batta, Administratrix for The Estate of Dr. Satish K. Batta, deceased v. V. HCR ManorCare, LLC; Wallingford Nursing and Rehabilitation Center-Wallingford, PA /a a d/bla ManorCare Health Services-Wallingford; ManorCare Health Services, Inc. a/k/a ManorCare Health Services, LLC; Manor Care, Inc.; HCR ManorCare, Inc.; HCR IV Healthcare, LLC; HCR III HI Healthcare, LLC; HCR II Healthcare, LLC; HCR Healthcare, LLC; HCRMC Operations, LLC; HCR ManorCare Operations II, LLC; Heartland Employment Services, LLC; HCR ManorCare Heartland, LLC 130. I Plaintiff incorporates herein by reference the preceding paragraphs as though the same were more fully set forth at length herein. 29

32 131. Upon accepting Dr. Satish K. Batta as a resident at the Facility, Defendants individually and jointly assumed direct, non-delegable duties to Dr. Satish K. Batta to provide him with adequate and appropriate healthcare, as well as basic custodial and hygiene services, as set forth herein i If Defendants were unable or unwilling to meet the needs of Dr. Satish K. Batta, they had an affirmative duty and legal obligation to discharge Dr. Satish K. Batta from the Facility Defendants had the ultimate responsibility of ensuring that the rights of the residents, including Dr. Satish K. Batta, were protected 'Defendants owed a non-delegable duty to provide adequate and appropriate medical, skilled nursing, rehabilitation, therapy, and custodial care services and supervision to Dr. Satish K. Batta and other residents, such as reasonable caregivers would provide under similar circumstances Defendants each owed a non-delegable duty to the Facility's residents, including Dr. Satish K. Batta, to hire, train, and supervise their employees so as to ensure that the Facility was operated and services were provided to Defendants' residents in a safe and reasonable manner. and/or 136. Defendants, by and through their agents, employees, andlor servants each owed a duty of care to Dr. Satish K. Batta to exercise the appropriate skill and care of licensed physicians, nurses, nurse aides, directors of nursing, and/or nursing home administrators i Defendants each owed a duty and responsibility to furnish Dr. Satish K. Batta with appropriate and competent medical, skilled nursing, rehabilitation, therapy, and custodial care services. 30

33 138. Defendants each owed and failed to fulfill the following duties to Dr. Satish K. Batta: (a) the duty to use reasonable care in the maintenance of safe and adequate facilities and equipment; (b) ( to select, train and retain only competent staff; (c) to oversee and supervise all persons who practiced nursing, medical and/or skilled healthcare within the Facility; (d) to staff the facility with personnel sufficient both in number and in training to provide the care and services required by the Facility's residents; (e) to ensure that the Facility's s residents were treated with dignity and respect; (f) to maintain sufficient funding, staffing, and resources for the Facility so that its residents were provided with the care and services they required; (g) ( to formulate, adopt, and enforce rules, procedures and policies to ensure.quality care and healthcare for all residents, and to update the same as required by the applicable standards of care; (h) to take adequate measures to rectify known problems in the delivery of hygiene and custodial services as well as in the delivery of medical, skilled nursing, rehabilitation, and therapy care; (i) to warn residents, their family and/or representatives of the Defendants' inability to provide adequate care and services when Defendants knew or should have known of their deficiencies in providing such care and services; (j) (i) to refuse admission to residents to whom they knew or should have known they could not provide reasonable care and services; (k) to not admit more residents than to whom Defendants could safely provide adequate care and services; (1) to keep the Facility's residents free from physical and mental abuse and neglect; (m)to provide a safe, decent, and clean living environment for the Facility's s residents, and; (n) to assist the residents in retaining and exercising all of the Constitutional, civil and legal rights to which they are entitled as citizens of the United States and of the Commonwealth of Pennsylvania. 31

34 139. In addition to the direct acts and omissions of the corporate Defendants, the Defendants also acted through their agents, servants and employees, who were in turn acting within the course and scope of their employment under the direct supervision and control of the Defendants Defendants each authored, produced, and/or received frequent reports detailing the number and types of injuries, illnesses, and infections sustained by the residents in the Facility Despite being made aware of the types and frequency of injuries, illnesses, and/or infections, many of which were preventable, sustained by the residents of the Facility, including those suffered by Dr. Satish K. Batta, Defendants failed to take steps to prevent the occurrence of said injuries, illnesses, and/or infections The Defendants knew, or should have known, of the aforementioned problems that were occurring with the care of Dr. Satish K. Batta, as they were placed on actual and/or constructive notice of said problems, through Defendants' own reports or through governmental/state surveys Defendants, as the corporate members, managers, owners, and/or directors of the Facility, breached their duties and were, therefore, negligent, careless, and reckless in their obligations to Dr. Satish K. Batta The corporate conduct of the Defendants was independent of the negligent conduct of the employees of the Facility, and was outrageous, willful, and wanton, and exhibited a reckless indifference to the health and well-being of the residents, including Dr. Satish K. Batta The breaches of duties, general negligence, professional negligence, corporate 32

35 negligence, carelessness, and recklessness of the Defendants, individually, vicariously and/or acting by and through their officers, directors, members, managers, physicians, physicians' assistants, nurses, nurses aides, regional, and corporate staff who examined, treated, and/or communicated the condition of Dr. Satish K. Batta, and through the administrative personnel responsible for hiring, retaining and/or dismissing staff, staff supervision and policy-making and enforcement, as well as any agents, servants, employees, contractors, subcontractors, and/or consultants of the Defendants were exhibited in the following acts and omissions in the care and treatment ofdr. Satish K. Batta: a. failure to hire, utilize, train and retain sufficient staff to meet the residents' needs, including those of Dr. Satish K. Batta, which caused Dr. Satish K. Batta to suffer respiratory insufficiency, poor hygiene, severe pain, suffering, mental anguish, an obstructed tracheostomy tube on November 25, 2013, and ultimately death; b. failure to provide adequate hygiene to prevent infection, to keep Dr. Satish K. Batta clean and to preserve his dignity; c. C. failure to properly care for and clean Dr. Satish K. Batta's tracheostomy tube as required and as his physician ordered; d. failure to transfer Dr. Satish K. Batta to the emergency room when showing signs of respiratory distress and when he repeatedly informed them he cannot breathe; e. failure to develop, implement, and administer to Dr. Satish K. Batta appropriate infection control policies, procedures and techniques; f. failure to ensure that Dr. Satish K. Batta did not needlessly suffer from preventable and treatable pain; g. failure to ensure that Dr. Satish K. Batta received his physician-ordered medications in accordance with his physicians' orders; h. failure to ensure that Dr. Satish K. Batta received his physician-ordered treatments in accordance with his physicians' orders; i. failure to timely and appropriately notify Dr. Satish K. Batta's physician(s) and consulting specialists when he experienced significant changes in his condition, contributing to Dr. Satish K. Batta's injuries and illnesses, including respiratory insufficiency, poor hygiene, severe pain, suffering, mental anguish, an obstructed 33

36 J. tracheostomy tube on November 25, 2013, and ultimately death.; failing to adequately and appropriately communicate with the on call Physician regarding Dr. Satish K. Batta's medical condition, and failure to call the Medical Director if that doctor's response was not adequate; k. failure to obtain new or modified physician orders when Dr. Satish K. Batta's changes in condition required the same; 1. failure to timely and appropriately notify Dr. Satish K. Batta's family and personal representatives when he experienced significant changes in his condition, contributing to Dr. Satish K. Batta's injuries and illnesses, including respiratory insufficiency, poor hygiene, severe pain, suffering, mental anguish, an obstructed tracheostomy tube on November 25, 2013, 1 3, and ultimately death; m. failure to provide adequate and appropriate nutrition and hydration to prevent Dr. Satish K. Batta from suffering from weight loss and malnutrition; n. failure to accurately and consistently document Dr. Satish K. Batta's needs and the care and services provided to him in response to such needs; o. failure to prevent fraudulent documentation and allowing the Defendants' staff to chart that they provided care to Dr. Satish K. Batta on non-existent days, on days when the charting staff member was not actually at work, and/or on days when Dr. Satish K. Batta was not even in Defendants' Facility; P. p. failure to ensure that Dr. Satish K. Batta did not develop serious and permanent injuries to, in and about his body and possible aggravation and/or activation of any pre-existing existing conditions, illnesses, ailments, or diseases he had, and/or accelerated the deterioration of his health, physical and mental condition, and more particularly, when he suffered respiratory insufficiency, poor hygiene, severe pain, suffering, mental anguish, an obstructed tracheostomy tube on November 25, 2013, and ultimately death; q. failure to respond in a timely manner with appropriate medical, nursing and custodial care when Dr. Satish K. Batta was injured, including when he experienced respiratory insufficiency, poor hygiene, severe pain, suffering, mental anguish, an obstructed tracheostomy tube, and ultimately death, when Defendants knew or should have known that Dr. Satish K. Batta was at risk for the same; r. failure to ensure that each resident, including Dr. Satish K. Batta, received, and that the Facility provided, the necessary care and services to attain or maintain the highest practicable physical, mental and psychosocial well-being, in accordance with the comprehensive assessment and plan of care; s. failure to ensure that the Defendants used the results of its assessments to develop, 34

37 review and revise Dr. Satish K. Batta's comprehensive plan of care, t. failure to develop, implement, and administer to Dr. Satish K. Batta an appropriate, comprehensive, and individualized care plan that included measurable objectives and timetables to meet his medical, nursing, custodial, mental and psychosocial needs that are identified in the comprehensive assessment, describing the services that were to be furnished to attain or maintain his highest practicable physical, mental, and psychosocial well-being, causing Dr. Satish K. Batta to suffer respiratory insufficiency, poor hygiene, severe pain, suffering, mental anguish, an obstructed tracheostomy tube on November 25, 2013, and ultimately death; u. failure to ensure that the Facility had sufficient nursing staff to provide nursing and custodial care and services to attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident, including Dr. Satish K. Batta, as determined by the residents' assessments and individual plans of care, and the failure to provide services by sufficient number of each of the required types of personnel on a twenty-four hour basis to provide nursing care to all residents, including Dr. Satish K. Batta, in accordance with the residents' care plans; v. V. failure to administer the Facility in a manner that enabled it to use its resources effectively and efficiently to attain or maintain the highest practicable physical, mental, and psychosocial well-being of each Dr. Satish K. Batta; w. failure to ensure that the services provided or arranged by the Facility were provided by qualified persons in accordance with each Dr. Satish K. Batta's written plan of care; x. X. failure to oversee and supervise all persons who practiced nursing and/or skilled healthcare in the Facility who failed to provide adequate and appropriate health care to prevent Dr. Satish K. Batta from suffering from respiratory insufficiency, poor pqor hygiene, severe pain, suffering, mental anguish, an obstructed tracheostomy tube on November 25,, 2013, 1 3, and ultimately death; y. failure to formulate, adopt and enforce adequate rules, procedures and policies to prevent Dr. Satish K. Batta from suffering respiratory insufficiency, poor hygiene, severe pain, suffering, mental anguish, an obstructed tracheostomy tube on November 25, 2013, and ultimately death; z. failure to refer Dr. Satish K. Batta to the necessary medical specialists in a timely manner who would have properly diagnosed and/or treated his condition; aa. an. failure to provide Dr. Satish K. Batta with the necessary care and services to allow him to attain or maintain the highest practicable physical, mental and psychological well-being; 35