Neglectful After-Surgery Care Caused Death, Action Alleges
3-25-2019 23:57:00

ROCKVILLE, Md. (CN) – A man who had surgery for kidney stones died from pressure ulcers due to neglect, according to a lawsuit filed by his family in the Circuit Court for Montgomery County, Maryland.


Pauline Cooper, individually and as Personal Representative of the Estate of Hyman Kasindorf, Henri Kasindorf, Lisa Jagger, and Karen Houston sued 3227 Bel Pre Road Operations, LLC doing business as Layhill Center, Michelle Deckert, R.N., Mid-Atlantic Permanente Medical Group, P.C. and Hina Syed, M.D. for wrongful death and survival action against defendants Syed and Deckert, and employer responsibility against defendants Mid-Atlantic Permanente and Layhill Center.

In December 2016, Hyman Kasindorf had surgery at non-party Suburban Hospital for treatment of kidney stones. After the procedure, he fell while he was transferring from his wheelchair. He was treated in the emergency room and admitted for treatment of blood in his urine and severe back pain. Four days later he was transferred to defendant Layhill Center for treatment of the aggravation of his recent urologic surgery, and pain management, according to the action.

Mr. Kasindorf was at risk for developing pressure ulcers due to his lack of mobility and incontinence following this urologic surgery and fall, the suit states.

Orders were issued on Dec. 23, 2016, the day he was admitted to Layhill, “for turning and repositioning every two hours, float bilateral heels, pressure redistribution cushion to chair, and pressure redistribution mattress to bed,” but the pressure redistribution mattress was not provided until 12 days later, and “sacral off-loading” was not ordered until Jan. 10, 2017, 18 days after admission, the action alleges.

On Dec. 28, a pressure ulcer was documented on his lower back, “a direct result of failing to provide a pressure redistribution mattress and any sacral off-loading,” the complaint charges.

The next day, Dec. 29, a nutritional assessment was done as part of an updated care plan that recommended a protein and multivitamin supplement to promote wound healing, but again it was not given to him until Jan. 6, 2017.

By Jan. 18, the pressure ulcer was three times the size it was on Dec. 28, and Kasindorf had two new wounds, on his ankle and left arm, the suit states. He was discharged to hospice care and he died on Feb. 6 from sepsis, “a direct consequence of his sacral ulcer,” the complaint claims.

Defendant nurse Deckert was Kasindorf’s main caretaker at defendant Layhill. Defendant doctor Syed was his doctor, according to the action. Syed is an employee of defendant Mid-Atlantic Permanente, or alternatively as an agent of defendant Layhill, the suit states.

Syed did not properly evaluate and diagnose Kasindorf, did not monitor his care, did not timely respond to the changes in his condition, did not supervise those carrying out the plans and ensure proper delivery of care, did not prevent the pressure ulcers or treat them once they appeared, and did not advocate for Kasindorf when the plans were not followed, the action alleges.

Kasindorf’s family seeks damages in excess of $75,000 in addition to interest and legal costs.

The plaintiffs are represented by Aaron M. Blank of Shulman, Rogers, Gandal, Pordy & Ecker, in Potomac, Maryland.
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