Short v. Plantation Management Corp.12/27/2000
Gonzales, J. concurs in part, dissents in part and assigns reasons as to the opinion penned by Fitzsimmons, J.; dissents and assigns reasons as to the opinion penned by Weimer, J.
Weimer, J. concurs with opinion written by Fitzsimmons, J. and additional reasons; he writes for a separate majority as to attorney fees.
Kuhn, J. agrees with both majority opinions.
Guidry, J. agrees with the two majority opinions.
Fitzsimmons, J. dissents from the majority opinion penned by Weimer, J. and assigns reasons.
Plantation Management Corporation d/b/a Golden Age Nursing Home (Plantation Management) challenges a judgment finding it liable for damages sustained by a nursing home resident.
FACTUAL AND PROCEDURAL BACKGROUND
On June 15, 1995, Mrs. Katherine Short, 69 years of age, was admitted to Golden Age Nursing Home (Golden Age) in Denham Springs, Louisiana, after having undergone hip replacement surgery. When admitted to Golden Age, Mrs. Short also had a history of rheumatoid arthritis, anemia, cataracts, peptic ulcer disease, and osteoporosis. While at Golden Age, Mrs. Short frequently complained of pain all over her body and suffered from depression.
On October 29, 1995, nursing staff at Golden Age noted Mrs. Short's lower right leg was swollen and shiny. Mrs. Short's leg problem continued to worsen over the next two weeks. Nurses' notes indicate her feet were dark in color, her great right toe became "purplish," and Mrs. Short complained of much pain. On November 12, 1995, Mrs. Short's daughter, Barbara Bullock, and her granddaughter, Vickie Burton, visited Mrs. Short. After hearing Mrs. Short's complaints of pain, and seeing the extent of discoloration of her right foot, Ms. Bullock requested that an ambulance be called to take Mrs. Short to the hospital.
Mrs. Short was taken to the Medical Center of Baton Rouge where it was determined she had acute, chronic ischemia of the right foot and an arterial occlusion (blockage) of all three tibial vessels above her right ankle. On November 13, 1995, Mrs. Short underwent a right popliteal to posterior tibialis artery bypass surgery to try to save her right foot. This procedure was unsuccessful, and on November 14, 1995, Mrs. Short's right leg was amputated below the knee. Mrs. Short was readmitted to the Medical Center of Baton Rouge on November 23, 1995, with complaints of chest pain.
It was determined she had suffered a recent heart attack. Mrs. Short remained bedridden for the remainder of her life. She died on March 3, 1997.
On May 7, 1996, before her death, Mrs. Short filed suit against Plantation Management, seeking damages for the negligence and/or strict liability of Golden Age employees, who she alleged failed to properly provide her with adequate care, failed to properly investigate her complaints, and failed to timely seek medical advice regarding her complaints. She also alleged Plantation Management was negligent for failing to provide her with adequate care, failing to hire properly trained employees, and failing to provide proper training and adequate supervision for its employees.
After Mrs. Short's death, Ms. Bullock, in her capacity as administratrix of her mother's estate, filed a motion to be substituted as the proper party plaintiff in the suit. The order substituting Ms. Bullock as such was signed on June 10, 1997. On August 15, 1997, Ms. Bullock filed an amended petition, alleging that since Mrs. Short's death, it had been learned that Plantation Management's actions constituted violations of La. R.S. 40:2010.8, legislation enacted to protect the rights of nursing home residents (Residents' B
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