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FILED: WESTCHESTER COUNTY CLERK 08/23/2023 11:57 AM INDEX NO. 65752/2023
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/23/2023
SUPREME COURT OF THE STATE OF NEW YORK Date Filed: u G 7-12-o?J
COUNTY OF WESTCHESTER
------------------------------------------------X Index No.:
LESLIE ROSENBERG as the Executrix of the Estate of
JOSEPHINE NARDI, Plaintiff designates Westchester
-
Plaintiff, County as place of trial
-against-
SUMMONS
WESTCHESTER MEDICAL CENTER HEALTH NETWORK
a/k/a WESTCHESTER MEDICAL CENTER, and PROVIDENCE The basis of the venue is:
REST, INC, Defendant's place of business:
Defendant(s).
------------------------------------------X 100 Woods Road
Valhalla, New York 10595
To the above named Defendant:
You are hereby summoned to answer the complaint in this action and to serve a copy of
your answer, or, if the complaint is not served with this summons, to serve a notice of
appearance, on the Plaintiff's Attorney(s) within 20 days after the service of this summons,
exclusive of the day of service (or within 30 days after the service is complete if this summons is
not personally delivered to you within the State of New York); and in case of your failure to
appear or answer, judgment will be taken against you by default for the relief demanded hereln.
Dated: West islip, New York
August 23, 2023
Dennis Kel , sq.
KELL OSSMAN & KERRIGAN , LLP
Attorney(s) for Plaintiff
1248 Montauk Highway
West Islip, New York
Telephone: (631) 314-4996
TO:
Westchester Medical Center Health Network
a/k/a Westchester Medical Center
100 Woods Road
Valhalla, New York 10595
Providence Rest, Inc,
3304 Waterbury Avenue
Bronx, New York 10465
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
LESLIE ROSENBERG as the Executrix of the Estate of
JOSEPHINE NARDI,
Plaintiff, Index No.:
-against-
WESTCHESTER MEDICAL CENTER HEALTH NETWORK VERIFIED
afk/a WESTCHESTER MEDICAL CENTER, and PROVIDENCE COMPLAINT
REST, INC,
Defendant(s)
__________-_______----___________________Ç
Plaintiffs, by her attorneys, KELLY, GROSSMAN & KERRIGAN, LLC, complaining of the
Defendants, WESTCHESTER MEDICAL CENTER HEALTH NETWORK a/k/a WESTCHESTER MEDICAL
CENTER, and PROVIDENCE REST, INC, (hereinafter referred to as the "Defendants"), upon
information and belief respectfully alleges as follows:
GENERAL ALLEGATIONS RELATING TO ALL CAUSES OF ACTION
1. At all times hereinafter mentioned, the Defendant, WESTCHESTER MEDICAL
CENTER HEALTH NETWORK a/k/a WESTCHESTER MEDICAL CENTER was a domestic corporation
duly organized and existing under and by virtue of the laws of the State of New York.
2. At all times hereinafter mentioned, the Defendant, PROVIDENCE REST, INC, was a
domestic corporation duly organized and existing under and by virtue of the laws of the State of
New York.
3. At all times hereinafter mentioned, LESLIE ROSENBERG is the Executrix of the
Estate of JOSEPHINE NARDI.
4. At all times hereinafter mentioned, decedent JOSEPHINE NARDI, was a resident of
Westchester County.
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5. At all times hereinafter mentioned, the Defendant, WESTCHESTER MEDICAL
CENTER HEALTH NETWORK, was and still is the owner and/or operator of a healthcarefacility,
known as the WESTCHESTER MEDICAL CENTER, located at 100 Woods Road, Valhalla, New York
10595,
6. At all times hereinafter mentioned the Defendant, WESTCHESTER MEDICAL
CENTER HEALTH NETWORK a/k/a WESTCHESTER MEDICAL CENTER,hasand/orcontinuesto have
its principal place of business at 100 Woods Road, Valhalla, New York 10595.
7. At all timed hereinafter mentioned, the Defendant, WESTCHESTER MEDICAL
CENTER HEALTH NETWORK a/k/a WESTCHESTER MEDiCAL CENTER, was authorized to do
business as a hospital at 100 Woods Road, Valhalla, New York 10595.
8. At all times hereinafter mentioned, the Defendant, WESTCHESTER MEDICAL
CENTER HEALTH NETWORK a/k/a WESTCHESTER MEDICAL CENTER, leased a hospital located at
100 Woods Road, Valhalla, New York 10595.
9. At all times hereinafter mentioned, the Defendant, WESTCHESTER MEDICAL
CENTER HEALTH NETWORK a/k/a WESTCHESTER MEDICAL CENTER, maintained a hospital
located at 100 Woods Road, Valhalla, New York 10595.
10. At all times hereinafter mentioned, the Defendant, WESTCHESTER MEDICAL
CENTER HEALTH NETWORK a/k/a WESTCHESTER MEDICAL CENTER, managed a hospital located
at 100 Woods Road, Valhalla, New York 10595.
11. At all times hereinafter mentioned, the Defendant, WESTCHESTER MEDICAL
CENTER HEALTH NETWORK a/k/a WESTCHESTER MEDICAL CENTER, controlled a hospital located
at 100 Woods Road, Valhalla, New York 10595.
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12. At all times hereinafter mentioned, the Defendant, WESTCHESTER MEDICAL
CENTER HEALTH NETWORK a/k/a WESTCHESTER MEDICAL CENTER, owned a hospital located at
100 Woods Road, Valhalla, New York 10595.
13. At all times hereinafter mentioned, the Defendant, WESTCHESTER MEDICAL
CENTER HEALTH NETWORK a/k/a WESTCHESTER MEDICAL CENTER, operated a hospital located
at 100 Woods Road, Valhalla, New York 10595.
14. At all times hereinafter mentioned, the Defendant, WESTCHESTER MEDICAL
CENTER HEALTH NETWORK a/k/a WESTCHESTER MEDICAL CENTER, supervised a hospital located
at 100 Woods Road, Valhalla, New York 10595.
15. At all times hereinafter mentioned, the Defendant, WESTCHESTER MEDICAL
CENTER HEALTH NETWORK a/k/a WESTCHESTER MEDICAL CENTER, was inspected as a hospital
located at 100 Woods Road, Valhalla, New York 10595.
16. At all times hereinafter mentioned, the Defendant, WESTCHESTER MEDICAL
CENTER HEALTH NETWORK a/k/a WESTCHESTER MEDICAL CENTER, conducted business as a
hospital located at 100 Woods Road, Valhalla, New York 10595.
17. At all times hereinafter mentioned, the Defendant, WESTCHESTER MEDICAL
CENTER HEALTH NETWORK, managed, operated, maintained, and controlled WESTCHESTER
MEDICAL CENTER.
18. Upon information and belief, at all times hereinafter mentioned, the Defendant,
WESTCHESTER MEDICAL CENTER HEALTH NETWORK a/k/a WESTCHESTER MEDICAL CENTER, held
itself out as a hospital duly qualified and capable of rendering adequate medical services,
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including treatment/surgery for the public and for such purposes as required by hired doctors,
nurses, and technicians, attendants and other personnel.
19. Upon information and belief, at all times herein mentioned, the Defendant,
WESTCHESTER MEDICAL CENTER HEALTH NETWORK a/k/a WESTCHESTER MEDICAL CENTER,
represented that physicians, resident nurses and other medical personnel in its employ or on its
staff were competent and qualified to render medical care and services in accordance with good
and accepted standards of medical care.
20. That on or about October 4, 2022, Decedent was admitted to and was a patient of
Defendant, WESTCHESTER MEDICAL CENTER HEALTH NETWORK a/k/a WESTCHESTER MEDICAL
CENTER, until on or about October 18, 2022.
21. At all times herelnafter mentioned, the Defendant, PROVIDENCE REST, INC, has
and/or continues to have its principal place of business at 3304 Waterbury Avenue, Bronx, New
York 10465.
22. At all times hereinafter mentioned, the Defendant, PROVIDENCE REST, INC, was
authorized to do business as a geriatric center, adult care facility, and/or nursing facility at 3304
Waterbury Avenue, Bronx, New York 10465.
23. At all times hereinafter mentioned, the Defendant, PROVIDENCE REST, INC, leased
a geriatric center, adult care facility, and/or nursing home facility located at 3304 Waterbury
Avenue, Bronx, New York 10465.
24. At all times hereinafter mentioned, the Defendant, PROVIDENCE REST, INC,
maintained a geriatric center, adult care facility, and/or nursing home facility located at 3304
Waterbury Avenue, Bronx, New York 10465.
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25. At all times hereinafter mentioned, the Defendant, PROVIDENCE REST, INC,
managed a geriatric center, adult care facility, and/or nursing home facility located at 3304
Waterbury Avenue, Bronx, New York 10465.
26. At all times hereinafter mentioned, the Defendant, PROVIDENCE REST, INC,
controlled a geriatric center, adult care facility, and/or nursing home facility located at 3304
Waterbury Avenue, Bronx, New York 10465.
27. At all times hereinafter mentioned, the Defendant, PROVIDENCE REST, INC,
owned a geriatric center, adult care facility, and/or nursing home facility located at 3304
Waterbury Avenue, Bronx, New York 10465.
28. At all times hereinafter mentioned, the Defendant, PROVIDENCE REST, INC,
operated a geriatric center, adult care facility, and/or nursing home facility located at 3304
Waterbury Avenue, Bronx, New York 10465.
29. At all times hereinafter mentioned, the Defendant, PROVIDENCE REST, INC,
supervised a geriatric center, adult care facility, and/or nursing home facility located at 3304
Waterbury Avenue, Bronx, New York 10465.
30. At all times hereinafter mentioned, The Defendant, PROVIDENCE REST, INC,
inspected as a geriatric center, adult care facility, and/or nursing home facility located at 3304
Waterbury Avenue, Bronx, New York 10465.
31. At all times hereinafter mentioned, the Defendant, PROVIDENCE REST, INC,
conducted business as a geriatric center, adult care facility, and/or nursing home facility located
at 3304 Waterbury Avenue, Bronx, New York 10465.
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32. At all timed hereinafter mentioned, the Defendant, PROVIDENCE REST, INC, for
consideration, offered to render competent and adequate nursing home services, patient
transportation services, rehabilitation services, laboratory services, pharmacy services,
diagnostic services, treatment services, physical assistant services, nursing, and, in general, all
necessary services to give proper, adequate and competent care and attention to the members
of the general public and, more particularly, to decedent herein, and further held itself to such
individuals as having the necessary personnel, equipment, supplies, and facility to perform the
same.
33. That in reliance upon the foregoing, the Decedent came under and/or submitted
to the care and attention of the Defendant on or about October 18, 2022 through on or about
December 3, 2022,
AS AND FOR A FIRST CAUSE OF ACTION FOR NEGLIGENCE AGAINST ALL DEFENDANTS
34. Plaintiff repeats, reiterates and alleges each and every allegation contained in
paragraphs 1-33 of this Complaint with the same force and effect as if same were fully set forth
at length herein.
35. Defendants lacked sufficient staff to care for Decedent.
36. The Defendants and/or its agents, servants, associates, partners, and/or
employees acted negligently, and/or in otherwise wrongful manner in that it:
a. Allowed Decedent to develop decubitus ulcers;
b. Did not properly care for the Decedent;
c. Failed and omitted to properly hydrate Decedent;
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d. Failed and omitted to properly administer the proper nutrition and hydration to
Decedent;
e. Failed and omitted to adequately nourish and hydrate Decedent;
f. Failed to move Decedent on a regular basis;
g. Failed and omitted to regularly shift Decedent's position a reclining lounge chair
in order to avoid decubitus ulcers;
b. Failed and omitted to take any steps to avoid the reduction of blood supply to
pressure areas of Decedent's skin;
i. Failed and omitted to assist Decedent in frequent movements to avoid the
development of decubitus ulcers;
j. Falled and omitted to properly treat decubitus ulcers;
k. Failed and omitted to identify a pressure sore in a timely fashion;
l. Failedand omitted to make a timely diagnosis of Decedent's condition;
m. failed and omitted to undertake timely and proper tests, examinations,
procedures, studies and/or surgery;
n. failed and omitted to undertake timely and proper tests, examinations,
pre- and post-surgical in in
procedures, studies, surgery, care, and, general,
rendering medical care, attention, treatment and/orcaretothe Decedent;
0. Failed and omitted to understand the clinical analysis, laboratory analysis, history,
physical examination, complaints, pains, signs and/or symptoms so that a proper
and timely diagnosis could be made an/or a proper course of treatment could
have been provided;
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p. Failed and omitted to conform to the accepted standards of care and skill in giving
pre-
advice, treatment, prescriptions, examination, information, services, surgery,
and post-surgical care, attentions, studies, laboratory and/or radiological
examinations and/or facts to Decedent and/or her family;
q. Failed and omitted to use reasonable care in the Decedent's medical care,
attention, services, treatment, diagnosis and other medical services rendered on
behalf of the Decedent; and
r. Failed and omitted to conform to the accepted standards of care and skill in
providing nursing and health-aide care to Decedent.
37. That the Plaintiff is seeking to recover any damages which were paid by insurance
and/or collateral sources or which are obligated to be repaid.
38. As a result of the foregoing acts and/or omissions, Decedent was subject to the
Defendants'
negligence, causing Decedent to be forced to undergo medical treatment, incur
medical expenses, suffer disfigurement, disability, pain and suffering, mental anguish, and loss
of enjoyment of life. Plaintiff also alleges res ipsa loquitor.
39. As a result of the foregoing, Plaintiff was damaged in sums in excess of the
jurisdictional limit of all lower courts which would otherwise retain jurisdiction over this matter.
AS AND FOR A SECOND CAUSE OF ACTION FOR MEDICAL MALPRACTICE AGAINST DEFENDANT
WESTCHESTER MEDICAL CENTER HEALTH NETWORK a/k/a WESTCHESTER MEDICAL CENTER
40. Plaintiff repeats, reiterates and alleges each and every allegation contained in
paragraphs 1-39 of this Complaint with the same force and effect as if same were fully set forth
at length herein.
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41. This action falls within one or more of the exceptions as set forth in Article 16 of
the CPLR.
42. This action fails within one or more of the exceptions as set forth in CPLR §1602,
1602(1), 1602(2), 1602(3), 1602(4), 1603(5), 1603(6), 1603(7), 1603(8), 1603(9), 1603(10),
1603(11), 1603(12).
43. That all times hereinafter mentioned Defendant, WESTCHESTER MEDICAL CENTER
HEALTH NETWORK a/k/a WESTCHESTER MEDICAL CENTER, is a medical and health care facility
licensed to operate in the State of New York with its principal place of business located 100
Woods Road, Valhalla, New York 10595.
44. That all times hereinafter mentioned, the Defendant, WESTCHESTER MEDICAL
CENTER HEALTH NETWORK a/k/a WESTCHESTER MEDICAL CENTER, is a domestic corporation,
duly organized and existing by virtue of the laws of the State of New York with its principle place
of business located at 100 Woods Road, Valhalla, New York 10595.
45. That on or about October 4, 2022, Decedent was admitted to and was a patient of
Defendant, WESTCHESTER MEDiCAL CENTER HEALTH NETWORK a/k/a WESTCHESTER MEDICAL
CENTER, until on or about October 18, 2022.
46. Defendant, WESTCHESTER MEDICAL CENTER HEALTH NETWORK a/k/a
WESTCHESTER MEDICAL CENTER, was negligent in its care rendered for, and on behalf of the
Decedent in; negligently failing and neglecting and carelessly failing and neglecting to heed
Decedent's condition; in negligently and carelessly departing from good and accepted medical
practice in the treatment rendered upon Decedent; in failing to perform indicated procedures
and/ or improperly said indicated procedures; in negligently failing to take proper history and
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physical examination of Decedent's medical condition prior to instituting treatment; in
negligently departing from good and accepted hospital practice and procedures in services
rendered to Decedent; in failing to timely diagnose and treat Decedent; in failing to take the
necessary and customary steps and measures to avoid the developments of decubitus ulcers on
the Decedent's body; in failing to properly and timely move Decedent so as to avoid or at least
minimize Decedent developing decubitus ulcers; in failing to recognize Decedent's true
condition; in failing to timely treat and realize the consequences of the complications associated
with Decedent's condition; in carelessly and negligently performing routine and/or required
testing; in failing to perform routine and/or required testing; in failing to possess knowledge and
skill to properly treat Decedent's condition; and in otherwise being careless and negligent.
47. That the care and treatment rendered by Defendant, WESTCHESTER MEDICAL
CENTER HEALTH NETWORK a/k/a WESTCHESTER MEDICAL CENTER, its agents, servants and/or
employees to Decedent was negligent, careless, and committed acts and/ or omissions
constituting professional negligence and were deviations from accepted medical standards and
practices in the then and there- in which deviations from accepted
prevailing community
practices and standards resulted in the serious permanent injuries.
48. That by reason of the foregoing, Decedent sustained severe and permanent
personal injuries; extreme conscious pain and suffering, disability, hospitalization and suffered
mental anguish and emotional distress, loss of quality of life and enjoyment of life.
49. That by reason of the foregoing, Decedent has been damaged by the Defendant
in a surn which exceeds the jurisdictional limits of all lower Courts which would otherwise
Preview
FILED: WESTCHESTER COUNTY CLERK 08/23/2023 11:57 AM INDEX NO. 65752/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/23/2023 SUPREME COURT OF THE STATE OF NEW YORK Date Filed: u G 7-12-o?J COUNTY OF WESTCHESTER ------------------------------------------------X Index No.: LESLIE ROSENBERG as the Executrix of the Estate of JOSEPHINE NARDI, Plaintiff designates Westchester - Plaintiff, County as place of trial -against- SUMMONS WESTCHESTER MEDICAL CENTER HEALTH NETWORK a/k/a WESTCHESTER MEDICAL CENTER, and PROVIDENCE The basis of the venue is: REST, INC, Defendant's place of business: Defendant(s). ------------------------------------------X 100 Woods Road Valhalla, New York 10595 To the above named Defendant: You are hereby summoned to answer the complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the Plaintiff's Attorney(s) within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded hereln. Dated: West islip, New York August 23, 2023 Dennis Kel , sq. KELL OSSMAN & KERRIGAN , LLP Attorney(s) for Plaintiff 1248 Montauk Highway West Islip, New York Telephone: (631) 314-4996 TO: Westchester Medical Center Health Network a/k/a Westchester Medical Center 100 Woods Road Valhalla, New York 10595 Providence Rest, Inc, 3304 Waterbury Avenue Bronx, New York 10465 1 of 18 FILED: WESTCHESTER COUNTY CLERK 08/23/2023 11:57 AM INDEX NO. 65752/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/23/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER LESLIE ROSENBERG as the Executrix of the Estate of JOSEPHINE NARDI, Plaintiff, Index No.: -against- WESTCHESTER MEDICAL CENTER HEALTH NETWORK VERIFIED afk/a WESTCHESTER MEDICAL CENTER, and PROVIDENCE COMPLAINT REST, INC, Defendant(s) __________-_______----___________________Ç Plaintiffs, by her attorneys, KELLY, GROSSMAN & KERRIGAN, LLC, complaining of the Defendants, WESTCHESTER MEDICAL CENTER HEALTH NETWORK a/k/a WESTCHESTER MEDICAL CENTER, and PROVIDENCE REST, INC, (hereinafter referred to as the "Defendants"), upon information and belief respectfully alleges as follows: GENERAL ALLEGATIONS RELATING TO ALL CAUSES OF ACTION 1. At all times hereinafter mentioned, the Defendant, WESTCHESTER MEDICAL CENTER HEALTH NETWORK a/k/a WESTCHESTER MEDICAL CENTER was a domestic corporation duly organized and existing under and by virtue of the laws of the State of New York. 2. At all times hereinafter mentioned, the Defendant, PROVIDENCE REST, INC, was a domestic corporation duly organized and existing under and by virtue of the laws of the State of New York. 3. At all times hereinafter mentioned, LESLIE ROSENBERG is the Executrix of the Estate of JOSEPHINE NARDI. 4. At all times hereinafter mentioned, decedent JOSEPHINE NARDI, was a resident of Westchester County. 2 of 18 FILED: WESTCHESTER COUNTY CLERK 08/23/2023 11:57 AM INDEX NO. 65752/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/23/2023 5. At all times hereinafter mentioned, the Defendant, WESTCHESTER MEDICAL CENTER HEALTH NETWORK, was and still is the owner and/or operator of a healthcarefacility, known as the WESTCHESTER MEDICAL CENTER, located at 100 Woods Road, Valhalla, New York 10595, 6. At all times hereinafter mentioned the Defendant, WESTCHESTER MEDICAL CENTER HEALTH NETWORK a/k/a WESTCHESTER MEDICAL CENTER,hasand/orcontinuesto have its principal place of business at 100 Woods Road, Valhalla, New York 10595. 7. At all timed hereinafter mentioned, the Defendant, WESTCHESTER MEDICAL CENTER HEALTH NETWORK a/k/a WESTCHESTER MEDiCAL CENTER, was authorized to do business as a hospital at 100 Woods Road, Valhalla, New York 10595. 8. At all times hereinafter mentioned, the Defendant, WESTCHESTER MEDICAL CENTER HEALTH NETWORK a/k/a WESTCHESTER MEDICAL CENTER, leased a hospital located at 100 Woods Road, Valhalla, New York 10595. 9. At all times hereinafter mentioned, the Defendant, WESTCHESTER MEDICAL CENTER HEALTH NETWORK a/k/a WESTCHESTER MEDICAL CENTER, maintained a hospital located at 100 Woods Road, Valhalla, New York 10595. 10. At all times hereinafter mentioned, the Defendant, WESTCHESTER MEDICAL CENTER HEALTH NETWORK a/k/a WESTCHESTER MEDICAL CENTER, managed a hospital located at 100 Woods Road, Valhalla, New York 10595. 11. At all times hereinafter mentioned, the Defendant, WESTCHESTER MEDICAL CENTER HEALTH NETWORK a/k/a WESTCHESTER MEDICAL CENTER, controlled a hospital located at 100 Woods Road, Valhalla, New York 10595. 3 of 18 FILED: WESTCHESTER COUNTY CLERK 08/23/2023 11:57 AM INDEX NO. 65752/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/23/2023 12. At all times hereinafter mentioned, the Defendant, WESTCHESTER MEDICAL CENTER HEALTH NETWORK a/k/a WESTCHESTER MEDICAL CENTER, owned a hospital located at 100 Woods Road, Valhalla, New York 10595. 13. At all times hereinafter mentioned, the Defendant, WESTCHESTER MEDICAL CENTER HEALTH NETWORK a/k/a WESTCHESTER MEDICAL CENTER, operated a hospital located at 100 Woods Road, Valhalla, New York 10595. 14. At all times hereinafter mentioned, the Defendant, WESTCHESTER MEDICAL CENTER HEALTH NETWORK a/k/a WESTCHESTER MEDICAL CENTER, supervised a hospital located at 100 Woods Road, Valhalla, New York 10595. 15. At all times hereinafter mentioned, the Defendant, WESTCHESTER MEDICAL CENTER HEALTH NETWORK a/k/a WESTCHESTER MEDICAL CENTER, was inspected as a hospital located at 100 Woods Road, Valhalla, New York 10595. 16. At all times hereinafter mentioned, the Defendant, WESTCHESTER MEDICAL CENTER HEALTH NETWORK a/k/a WESTCHESTER MEDICAL CENTER, conducted business as a hospital located at 100 Woods Road, Valhalla, New York 10595. 17. At all times hereinafter mentioned, the Defendant, WESTCHESTER MEDICAL CENTER HEALTH NETWORK, managed, operated, maintained, and controlled WESTCHESTER MEDICAL CENTER. 18. Upon information and belief, at all times hereinafter mentioned, the Defendant, WESTCHESTER MEDICAL CENTER HEALTH NETWORK a/k/a WESTCHESTER MEDICAL CENTER, held itself out as a hospital duly qualified and capable of rendering adequate medical services, 4 of 18 FILED: WESTCHESTER COUNTY CLERK 08/23/2023 11:57 AM INDEX NO. 65752/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/23/2023 including treatment/surgery for the public and for such purposes as required by hired doctors, nurses, and technicians, attendants and other personnel. 19. Upon information and belief, at all times herein mentioned, the Defendant, WESTCHESTER MEDICAL CENTER HEALTH NETWORK a/k/a WESTCHESTER MEDICAL CENTER, represented that physicians, resident nurses and other medical personnel in its employ or on its staff were competent and qualified to render medical care and services in accordance with good and accepted standards of medical care. 20. That on or about October 4, 2022, Decedent was admitted to and was a patient of Defendant, WESTCHESTER MEDICAL CENTER HEALTH NETWORK a/k/a WESTCHESTER MEDICAL CENTER, until on or about October 18, 2022. 21. At all times herelnafter mentioned, the Defendant, PROVIDENCE REST, INC, has and/or continues to have its principal place of business at 3304 Waterbury Avenue, Bronx, New York 10465. 22. At all times hereinafter mentioned, the Defendant, PROVIDENCE REST, INC, was authorized to do business as a geriatric center, adult care facility, and/or nursing facility at 3304 Waterbury Avenue, Bronx, New York 10465. 23. At all times hereinafter mentioned, the Defendant, PROVIDENCE REST, INC, leased a geriatric center, adult care facility, and/or nursing home facility located at 3304 Waterbury Avenue, Bronx, New York 10465. 24. At all times hereinafter mentioned, the Defendant, PROVIDENCE REST, INC, maintained a geriatric center, adult care facility, and/or nursing home facility located at 3304 Waterbury Avenue, Bronx, New York 10465. 5 of 18 FILED: WESTCHESTER COUNTY CLERK 08/23/2023 11:57 AM INDEX NO. 65752/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/23/2023 25. At all times hereinafter mentioned, the Defendant, PROVIDENCE REST, INC, managed a geriatric center, adult care facility, and/or nursing home facility located at 3304 Waterbury Avenue, Bronx, New York 10465. 26. At all times hereinafter mentioned, the Defendant, PROVIDENCE REST, INC, controlled a geriatric center, adult care facility, and/or nursing home facility located at 3304 Waterbury Avenue, Bronx, New York 10465. 27. At all times hereinafter mentioned, the Defendant, PROVIDENCE REST, INC, owned a geriatric center, adult care facility, and/or nursing home facility located at 3304 Waterbury Avenue, Bronx, New York 10465. 28. At all times hereinafter mentioned, the Defendant, PROVIDENCE REST, INC, operated a geriatric center, adult care facility, and/or nursing home facility located at 3304 Waterbury Avenue, Bronx, New York 10465. 29. At all times hereinafter mentioned, the Defendant, PROVIDENCE REST, INC, supervised a geriatric center, adult care facility, and/or nursing home facility located at 3304 Waterbury Avenue, Bronx, New York 10465. 30. At all times hereinafter mentioned, The Defendant, PROVIDENCE REST, INC, inspected as a geriatric center, adult care facility, and/or nursing home facility located at 3304 Waterbury Avenue, Bronx, New York 10465. 31. At all times hereinafter mentioned, the Defendant, PROVIDENCE REST, INC, conducted business as a geriatric center, adult care facility, and/or nursing home facility located at 3304 Waterbury Avenue, Bronx, New York 10465. 6 of 18 FILED: WESTCHESTER COUNTY CLERK 08/23/2023 11:57 AM INDEX NO. 65752/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/23/2023 32. At all timed hereinafter mentioned, the Defendant, PROVIDENCE REST, INC, for consideration, offered to render competent and adequate nursing home services, patient transportation services, rehabilitation services, laboratory services, pharmacy services, diagnostic services, treatment services, physical assistant services, nursing, and, in general, all necessary services to give proper, adequate and competent care and attention to the members of the general public and, more particularly, to decedent herein, and further held itself to such individuals as having the necessary personnel, equipment, supplies, and facility to perform the same. 33. That in reliance upon the foregoing, the Decedent came under and/or submitted to the care and attention of the Defendant on or about October 18, 2022 through on or about December 3, 2022, AS AND FOR A FIRST CAUSE OF ACTION FOR NEGLIGENCE AGAINST ALL DEFENDANTS 34. Plaintiff repeats, reiterates and alleges each and every allegation contained in paragraphs 1-33 of this Complaint with the same force and effect as if same were fully set forth at length herein. 35. Defendants lacked sufficient staff to care for Decedent. 36. The Defendants and/or its agents, servants, associates, partners, and/or employees acted negligently, and/or in otherwise wrongful manner in that it: a. Allowed Decedent to develop decubitus ulcers; b. Did not properly care for the Decedent; c. Failed and omitted to properly hydrate Decedent; 7 of 18 FILED: WESTCHESTER COUNTY CLERK 08/23/2023 11:57 AM INDEX NO. 65752/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/23/2023 d. Failed and omitted to properly administer the proper nutrition and hydration to Decedent; e. Failed and omitted to adequately nourish and hydrate Decedent; f. Failed to move Decedent on a regular basis; g. Failed and omitted to regularly shift Decedent's position a reclining lounge chair in order to avoid decubitus ulcers; b. Failed and omitted to take any steps to avoid the reduction of blood supply to pressure areas of Decedent's skin; i. Failed and omitted to assist Decedent in frequent movements to avoid the development of decubitus ulcers; j. Falled and omitted to properly treat decubitus ulcers; k. Failed and omitted to identify a pressure sore in a timely fashion; l. Failedand omitted to make a timely diagnosis of Decedent's condition; m. failed and omitted to undertake timely and proper tests, examinations, procedures, studies and/or surgery; n. failed and omitted to undertake timely and proper tests, examinations, pre- and post-surgical in in procedures, studies, surgery, care, and, general, rendering medical care, attention, treatment and/orcaretothe Decedent; 0. Failed and omitted to understand the clinical analysis, laboratory analysis, history, physical examination, complaints, pains, signs and/or symptoms so that a proper and timely diagnosis could be made an/or a proper course of treatment could have been provided; 8 of 18 FILED: WESTCHESTER COUNTY CLERK 08/23/2023 11:57 AM INDEX NO. 65752/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/23/2023 p. Failed and omitted to conform to the accepted standards of care and skill in giving pre- advice, treatment, prescriptions, examination, information, services, surgery, and post-surgical care, attentions, studies, laboratory and/or radiological examinations and/or facts to Decedent and/or her family; q. Failed and omitted to use reasonable care in the Decedent's medical care, attention, services, treatment, diagnosis and other medical services rendered on behalf of the Decedent; and r. Failed and omitted to conform to the accepted standards of care and skill in providing nursing and health-aide care to Decedent. 37. That the Plaintiff is seeking to recover any damages which were paid by insurance and/or collateral sources or which are obligated to be repaid. 38. As a result of the foregoing acts and/or omissions, Decedent was subject to the Defendants' negligence, causing Decedent to be forced to undergo medical treatment, incur medical expenses, suffer disfigurement, disability, pain and suffering, mental anguish, and loss of enjoyment of life. Plaintiff also alleges res ipsa loquitor. 39. As a result of the foregoing, Plaintiff was damaged in sums in excess of the jurisdictional limit of all lower courts which would otherwise retain jurisdiction over this matter. AS AND FOR A SECOND CAUSE OF ACTION FOR MEDICAL MALPRACTICE AGAINST DEFENDANT WESTCHESTER MEDICAL CENTER HEALTH NETWORK a/k/a WESTCHESTER MEDICAL CENTER 40. Plaintiff repeats, reiterates and alleges each and every allegation contained in paragraphs 1-39 of this Complaint with the same force and effect as if same were fully set forth at length herein. 9 of 18 FILED: WESTCHESTER COUNTY CLERK 08/23/2023 11:57 AM INDEX NO. 65752/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/23/2023 41. This action falls within one or more of the exceptions as set forth in Article 16 of the CPLR. 42. This action fails within one or more of the exceptions as set forth in CPLR §1602, 1602(1), 1602(2), 1602(3), 1602(4), 1603(5), 1603(6), 1603(7), 1603(8), 1603(9), 1603(10), 1603(11), 1603(12). 43. That all times hereinafter mentioned Defendant, WESTCHESTER MEDICAL CENTER HEALTH NETWORK a/k/a WESTCHESTER MEDICAL CENTER, is a medical and health care facility licensed to operate in the State of New York with its principal place of business located 100 Woods Road, Valhalla, New York 10595. 44. That all times hereinafter mentioned, the Defendant, WESTCHESTER MEDICAL CENTER HEALTH NETWORK a/k/a WESTCHESTER MEDICAL CENTER, is a domestic corporation, duly organized and existing by virtue of the laws of the State of New York with its principle place of business located at 100 Woods Road, Valhalla, New York 10595. 45. That on or about October 4, 2022, Decedent was admitted to and was a patient of Defendant, WESTCHESTER MEDiCAL CENTER HEALTH NETWORK a/k/a WESTCHESTER MEDICAL CENTER, until on or about October 18, 2022. 46. Defendant, WESTCHESTER MEDICAL CENTER HEALTH NETWORK a/k/a WESTCHESTER MEDICAL CENTER, was negligent in its care rendered for, and on behalf of the Decedent in; negligently failing and neglecting and carelessly failing and neglecting to heed Decedent's condition; in negligently and carelessly departing from good and accepted medical practice in the treatment rendered upon Decedent; in failing to perform indicated procedures and/ or improperly said indicated procedures; in negligently failing to take proper history and 10 of 18 FILED: WESTCHESTER COUNTY CLERK 08/23/2023 11:57 AM INDEX NO. 65752/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/23/2023 physical examination of Decedent's medical condition prior to instituting treatment; in negligently departing from good and accepted hospital practice and procedures in services rendered to Decedent; in failing to timely diagnose and treat Decedent; in failing to take the necessary and customary steps and measures to avoid the developments of decubitus ulcers on the Decedent's body; in failing to properly and timely move Decedent so as to avoid or at least minimize Decedent developing decubitus ulcers; in failing to recognize Decedent's true condition; in failing to timely treat and realize the consequences of the complications associated with Decedent's condition; in carelessly and negligently performing routine and/or required testing; in failing to perform routine and/or required testing; in failing to possess knowledge and skill to properly treat Decedent's condition; and in otherwise being careless and negligent. 47. That the care and treatment rendered by Defendant, WESTCHESTER MEDICAL CENTER HEALTH NETWORK a/k/a WESTCHESTER MEDICAL CENTER, its agents, servants and/or employees to Decedent was negligent, careless, and committed acts and/ or omissions constituting professional negligence and were deviations from accepted medical standards and practices in the then and there- in which deviations from accepted prevailing community practices and standards resulted in the serious permanent injuries. 48. That by reason of the foregoing, Decedent sustained severe and permanent personal injuries; extreme conscious pain and suffering, disability, hospitalization and suffered mental anguish and emotional distress, loss of quality of life and enjoyment of life. 49. That by reason of the foregoing, Decedent has been damaged by the Defendant in a surn which exceeds the jurisdictional limits of all lower Courts which would otherwise