Oct. 12The son of a man who died while a resident at a Logansport nursing home is accusing the facility of negligence and wrongful death.
Indianapolis-based Powless Law Firm P.C. posted about the complaint on its website on Oct. 6.
The post cites a proposed complaint David Rosier, represented by Jeffrey Powless of Powless Law Firm, filed with the Indiana Department of Insurance on July 6. David Rosier is the late Elvin Rosier's son and represents his estate, according to the complaint.
Defendants listed in the complaint are Chase Center, Logansport Memorial Hospital, Roeing Corp., Careage of Logansport, Don Corcoran and Robert Roetker.
The proposed complaint for damages and demand for jury trial states Elvin Rosier became a resident at Chase Center in Logansport on Feb. 27, 2015.
The defendants "were negligent and failed to comply with the applicable standards of care" by allowing Elvin Rosier to develop pressure sores and fall on at least 11 occasions, the proposed complaint states.
The proposed complaint cites an Indiana State Department of Health investigation of Chase Center completed in February 2016 that the proposed complaint adds was spurred by a complaint David Rosier filed.
The investigation report includes deficiencies pertaining to proper pressure sore prevention and treatment and fall prevention.
The investigation report also includes a plan of correction Chase Center implemented regarding each deficiency.
The proposed complaint states Elvin Rosier broke his hip in a fall at Chase Center on Dec. 11, 2015, which led to a "decline in his physical condition including suspected deep tissue injury pressure ulcers, and untimely death on Dec. 22, 2015."
Lara Engelking, an attorney with Indianapolis-based Engelking Law Group, LLC, represents the defendants in the proposed complaint. She said in an email Thursday that Chase Center denies Rosier's allegations "and will defend itself against these unfounded claims."
"Chase Center respects the process for adjudicating nursing home malpractice cases and is fully participating in that process, which entitles it to a fair and thorough review of the facts," Engelking continued. "It disagrees with the plaintiffs' counsel's efforts to try his case in the media rather than using the procedures of the Department of Insurance that were designed for such matters. Chase Center is committed to providing excellent care to its residents while respecting their dignity and independence."
The proposed complaint "requests that a medical review panel be convened to conduct a thorough inquiry into the nature, cause and extent of the care rendered" to Elvin Rosier and to determine whether the care "was a factor in any harm" to him.
Chase Center, Logansport Memorial Hospital, Roeing Corp., Careage of Logansport, Don Corcoran and Robert Roetker "jointly owned, operated, managed and/or otherwise engaged in the business of" Chase Center, the proposed complaint states.
According to a business entity search on the Indiana Secretary of State's website, Roetker and Corcoran are listed in Careage of Logansport's principal information as president and treasurer, respectively. A search for Chase Center leads to Careage of Logansport's details. A search for Roeing Corp. indicates the same principal office address as Chase Center 2 Chase Park and lists Roetker as secretary and Corcoran as treasurer.
A sublease filed in the Cass County Recorder's Office in 2012 indicates Careage of Logansport subleases Chase Center to Logansport Memorial Hospital.
A 2012 Pharos-Tribune article states the sublease allows Medicare quality incentives awarded to nursing homes to go to Logansport Memorial Hospital. The article also states Logansport Memorial Hospital signed a contract with Careage of Logansport to continue managing Chase Center.
Logansport Memorial Hospital President and CEO Perry Gay responded to the proposed complaint in a statement Thursday.
"Mr. Powless has named any organization vaguely connected with this particular situation in this complaint," Gay said. "Logansport Memorial Hospital has a relationship with Chase, but the care in question was not delivered at Memorial Hospital. We are confident that Chase provides high quality care and takes any and all concerns to heart to provide a safe environment for all their residents."
Reach Mitchell Kirk at email@example.com or 574-732-5130
(c)2017 the Pharos-Tribune (Logansport, Ind.)
Visit the Pharos-Tribune (Logansport, Ind.) at www.pharostribune.com
Distributed by Tribune Content Agency, LLC.