is abritration j. of is e. - reading eagle...you take paper your lawyer at if do have or know a...

WILKES & McHUGH, P.A. By: Ruben J. Krisztal Attorney Identification No. 202716 By: Lisa E. Circeo Attorney Identification No.- 201908 Three Parkway 1601 Cherry Street, Suite 1300 Philadelphia, PA 19102 (215) 972 -0811 Email: 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

Plaintiff,

-Vs-

HCR MANORCARE, LLC; WALLINGFORD NURSING AND REHABILITATION CENTER -WALLINGFORD, PA, LLC d/b /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 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; TRINA L. BRADBURD D.O.; BROD, KOHUTIAK & JAMALI, LTD. a/k/a JAMALI AND KOHUTIAK, LTD.; MAIN LINE HEALTH SYSTEM

Defendants.

CIVIL DIVISION

NO.: 15 -9910

COMPLAINT IN CIVIL ACTION

JURY TRIAL DEMANDED

WILKES & McHUGH, P.A. By: Ruben J. Krisztal Attorney Identification No. 202716 By: Lisa E. Circeo Attorney Identification No.-20 1908 Three Parkway 1601 Cherry Street, Suite 1300 Philadelphia, PA 19102 (215) 972-0811 Email: rkriszta1(wi1kesmchugh.com



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, PA, LLC cl/b/a MANORCARE HEALTH SERVICES- WALLINGFORD; MANORCARE HEALTH SERVICES, INC. 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 HBALTHCARE, LLC; HCRMC OPERATIONS, LLC; HCR MANORCARE OPERATIONS II, LLC; HEARTLAND EMPLOYMENT SERVICES, LLC; HCR MANORCARE HEARTLAND, LLC; TRINA L. BRADBURD D.O.; BROD, KOF[UTIAK & JAMALI, LTD. a/k/a JAMALI AND KOHUTIAK, LTD.; MAIN LINE HEALTH SYSTEM

Defendants.

CIVIL DIVISION

NO.: 15-9910


JURY TRIAL DEMANDED

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 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 19063

Phone: (610) 566 -6627 I Fax: (610) 566 -7952

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 FIN]) OUT WHERE YOU CAN GET LEGAL HELP.

LAWYER REFERRAL SERVICE

Delaware County THE DELAWARE COUNTY BAR ASSOCIATION

335 West Front Street, PO Box 466 Media Pennsylvania 19063

Phone: (610) 566-6627 Fax: (610) 566-7952

2

WILKES & McHUGH, P.A. By: Ruben J. Krisztal Esquire Attorney Identification No. 202716 By: Lisa E. Circeo Attorney Identification No. 201908 Three Parkway 1601 Cherry Street, Suite 1300 Philadelphia, PA 19102 (215) 972 -0811 Email: [email protected]



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 Ford Street Bridgeport, Pennsylvania 19405

Plaintiff,

-vs- HCR MANORCARE, LLC 333 N. Summit Street Toledo, Ohio 43604

and WALLINGFORD NURSING AND REHABILITATION CENTER - WALLINGFORD, PA d/b /a MANORCARE HEALTH SERVICES -WALLINGFORD 115 S. Providence Road Wallingford, Pennsylvania 19086

and MANORCARE HEALTH SERVICES, INC. a/k/a MANORCARE HEALTH SERVICES, LLC 333 N. Summit Street Toledo, Ohio 43604

and MANOR CARE, INC. 333 N. Summit Street Toledo, Ohio 43604

and HCR MANORCARE, INC. 333 N. Summit Street Toledo, Ohio 43604

and

CIVIL DIVISION

NO.: 15-9910


JURY TRIAL DEMANDED

WiLKES & McHUGH, P.A. By: Ruben J. Krisztal Esquire Attorney Identification No. 202716 By: Lisa E. Circeo Attorney Identification No. 201908 Three Parkway 1601 Cherry Street, Suite 1300 Philadelphia, PA 19102 (215) 972-0811 Email: rkrisztal(wilkesmchugh.com



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 i 025 Ford Street Bridgeport, Pennsylvania 19405

Plaintiff,

-Vs-

11CR MANORCARE, LLC 333 N. Summit Street Toledo, Ohio 43604

and WALLINGFORD NURSING AND REHABILITATION CENTER- WALLINGFORD, PA dlb/a MANORCARE HEALTH SERVICES-WALLINGFORD 1 15 S. Providence Road Wallingford, Pennsylvania 19086

and MANORCARE HEALTH SERVICES, INC. a/k/a MANORCARE HEALTH SERVICES, LLC 333 N. Summit Street Toledo, Ohio 43604

and MANOR CARE, INC. 333 N. Summit Street Toledo, Ohio 43604

and HCR MANORCARE, INC. 333 N. Summit Street Toledo, Ohio 43604

and

CIVIL DIVISION

NO.: 15-9910


JURY TRIAL DEMANDED

HCR IV HEALTHCARE, LLC 333 N. Summit Street Toledo, Ohio 43604

and HCR III HEALTHCARE, LLC 333 N. Summit Street Toledo, Ohio 43604

and HCR II HEALTHCARE, LLC 333 N. Summit Street Toledo, Ohio 43604

and HCR HEALTHCARE, LLC 333 N. Summit Street Toledo, Ohio 43604

and HCRMC OPERATIONS, LLC 333 N. Summit Street Toledo, Ohio 43604

and HCR MANORCARE OPERATIONS II, LLC 333 N. Summit Street Toledo, Ohio 43604

and HEARTLAND EMPLOYMENT SERVICES, LLC 333 N. Summit Street Toledo, Ohio 43 604

and HCR MANORCARE HEARTLAND, LLC 333 N. Summit Street Toledo, Ohio 43 604

and TRINA L. BRADBURD, D.O. 535 Ramblewood Drive Bryn Mawr, Pennsylvania 19010

and BROD, KOHUTIAK & JAMALI, Ltd. a/k/a JAMALI AND KOHUTIAK, Ltd. Riddle Health Center 3, Suite 3311 1098 West Baltimore Pike Media, Pennsylvania 19063

and

2

11CR IV HEALTHCARE, LLC 333 N. Summit Street Toledo, Ohio 43604

and FICR III HEALTHCARE, LLC 333 N. Summit Street Toledo, Ohio 43604

and HCR II HEALTHCARE, LLC 333 N. Summit Street Toledo, Ohio 43604

and HCR HEALTHCARE, LLC 333 N. Summit Street Toledo, Ohio 43604

and HCRMC OPERATIONS, LLC 333 N. Summit Street Toledo, Ohio 43604

and HCR MANORCARE OPERATIONS II, LLC 333 N. Summit Street Toledo, Ohio 43604

and HEARTLAND EMPLOYMENT SERVICES, LLC 333 N. Summit Street Toledo, Ohio 43604

and HCR MANORCARE HEARTLAND, LLC 333 N. Summit Street Toledo, Ohio 43604

and TRINA L. BRADBURD, D.O. 535 Ramblewood Drive Bryn Mawr, Pennsylvania i 9010

and BROD, KOHUTIAK & JAMAL!, Ltd. a/k/a JAMALI AND KOHUTIAK, Ltd. Riddle Health Center 3 , Suite 3311 i 098 West Baltimore Pike Media, Pennsylvania 19063

and

2

MAIN LINE HEALTH SYSTEM 259 North Radnor -Chester Road, Suite 290 Radnor, Pennsylvania 19087

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. PARTIES

A. Plaintiff

1. Dr. Satish K. Batta, an adult individual, was a resident at the skilled nursing

facility commonly known as ManorCare Health Services- Wallingford (hereinafter "the Facility ")

from November 19, 2013 through and until his death on November 25, 2013.

2. 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

19405.

3. 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 of summons, under number 15 -9910.

3

MAIN LINE HEALTH SYSTEM 259 North Radnor-Chester Road, Suite 290 Radnor, Pennsylvania 19087

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:

L PARTIES

A. Plaintiff

i . Dr. Satish K. Batta, an adult individual, was a resident at the skilled nursing

facility commonly known as ManorCare Health Services-Wallingford (hereinafter "the Facility")

from November 19, 2013 through and until his death on November 25, 2013

2. 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

19405.

3. 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 15-9910.

3

B. Defendants, HCR ManorCare, LLC; Wallingford Nursing and Rehabilitation Center -Wallingford, PA d/b /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 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

( "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 43064.

6. Defendant, HCR ManorCare, 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.

7. Defendant, Wallingford Nursing and Rehabilitation Center- Wallingford, PA d/b /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 19086.

4

B. Defendants, HCR ManorCare, LLC; Wallingford Nursing and Rehabilitation Center-Wallingfo rd, PA dThIa 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 111

Healthcare, LLC; HCR LI Healthcare, LLC; HCR Heaithcare, LLC; HCRMC

Operations, LLC; 11CR ManorCare Operations II, LLC; Heartland Employment Services, LLC; 11CR ManorCare Heartland, LLC

("ManorCare Defendants")

5. Defendant, HCR ManorCare, LLC is a corporation, duly licensed, organized and



6. Defendant, HCR ManorCare, LLC, is engaged in the business of owning,

operating andlor managing nursing homes, including ManorCare Health Services-Wallingford,




supervisor andlor partner of all other Defendants noted herein, holding itself and its agents,





subcontractors, staff 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 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 19086.

8. Defendant, Wallingford Nursing and Rehabilitation Center -Wallingford, PA d/b /a

ManorCare Health Services -Wallingford, 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.

9. Defendant, ManorCare Health Services, Inc. a/k/a 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

43604.


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

5

8. Defendant, Wallingford Nursing and Rehabilitation Center-Wallingford, PA dlbla

ManorCare Health Services-Wallingford, is engaged in the business of owning, operating and/or

managing nursing homes, including ManorCare Health Serviees-Wallingford, providing



to operate same in the Commonwealth of Pennsylvania; and was the employer, supervisor and/or







Batta and in the operation ofthe Facility.

9. Defendant, ManorCare Health Services, Inc. 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

43604.


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,


Commonwealth of Pennsylvania; and was the employer, supervisor and/or partner of all other

5

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



11. Defendant, Manor Care, Inc., is a corporation, duly licensed, organized and



12. Defendant, Manor Care, Inc., is engaged in the business of owning, operating

and/or managing nursing homes, including ManorCare Health Services- Wallingford, providing











6

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


Batta and in the operation ofthe Facility.

i i . Defendant, Manor Care, Inc., is a corporation, duly licensed, organized and



12. Defendant, Manor Care, Inc., is engaged in the business of owning, operating

and/or managing nursing homes, including ManorCare Health Services-Wallingford, providing







. medicine; and which is personally, directly and vicariously liable, among other things for the acts




13. Defendant, HCR ManorCare, Inc., is a corporation, duly licensed, organized and



14. Defendant, HCR ManorCare, Inc., is engaged in the business of owning,












15. 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 43604.

16. Defendant, HCR IV Healthcare, LLC, is engaged in the business of owning,





7

13. Defendant, HCR ManorCare, Inc., is a corporation, duly licensed, organized and



14. Defendant, HCR ManorCare, Inc., is engaged in the business of owning,

operating and/or managing nursing homes, including ManorCare Health Services-Wallingford,











I 5 . Defendant, HCR IV Healthcare, LLC, is a corporation, duly licensed, organized



16. Defendant, HCR IV Healthcare, LLC, is engaged in the business of owning,





7


employees, servants, contractors, subcontractors, staff and /or partners, and those persons granted






17. Defendant, HCR III Healthcare, LLC, is a corporation, duly licensed, organized



18. Defendant, HCR III Healthcare, LLC, is engaged in the business of owning,










subcontractors, staff and/or partners and all other Defendants, all of whom played' a role in the


8

supervisor andlor partner of all other Defendants noted herein, holding itself and its agents,







i 7. Defendant, HCR III 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


i 8. Defendant, HCR III Healthcare, LLC, is engaged in the business of owning,












19. Defendant, HCR II Healthcare, LLC is a corporation, duly licensed, organized



20. Defendant, HCR II Healthcare, LLC is engaged in the business of owning,

operating and /or managing nursing homes, including ManorCare Health Services- Wallingford,











21. Defendant, HCR Healthcare, LLC is a corporation, duly licensed, organized and



22. Defendant, HCR Healthcare, LLC is engaged in the business of owning, operating

and/or managing nursing homes, including ManorCare Health Services -Wallingford, providing




9

19. Defendant, HCR II Healthcare, LLC is a corporation, duly licensed, organized



20. Defendant, 11CR II Healthcare, LLC is engaged in the business of owning,












2 1 . Defendant, HCR Healthcare, LLC is a corporation, duly licensed, organized and



22. Defendant, HCR Healthcare, LLC is engaged in the business of owning, operating

and/or managing nursing homes, including ManorCare Health Services-Wallingford, providing











23. Defendant, HCRMC Operations, LLC is a corporation, duly licensed, organized



24. Defendant, HCRMC Operations, LLC, is engaged in the business of owning,












10








23. Defendant, HCRMC Operations, LLC is a corporation, duly licensed, organized



24. Defendant, HCRMC Operations, LLC, is engaged in the business of owning,












10

25. Defendant, HCR ManorCare Operations 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 43604.

26. Defendant, HCR ManorCare Operations II, 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,



27. Defendant, Heartland Employment Services, LLC is a corporation, duly licensed,



28. Defendant, Heartland Employment Services, LLC is engaged in the business of





1I

25. Defendant, HCR ManorCare Operations Ii, LLC, is a corporation, duly licensed,



26. Defendant, HCR ManorCare Operations II, LLC, is engaged in the business of

owning, operating andlor managing nursing homes, including ManorCare Health Services-


and custodial care to the public ìn Delaware County, Pennsylvania; and was at all times material



agents, employees, servants, contractors, subcontractors, staff andlor partners, and those persons






27. Defendant, Heartland Employment Services, LLC is a corporation, duly licensed,



28. Defendant, Heartland Employment Services, LLC is engaged in the business of

owning, operating and/or managing nursing homes, including ManorCare Health Services-.




11

employer, supervisor and /or partner of all other Defendants noted herein, holding itself and its





subcontractors, staff and /or partners and all other Defendants, all of whom played a role in the


29. Defendant, HCR ManorCare Heartland, LLC, is a corporation, duly licensed,



30. Defendant, HCR ManorCare Heartland, LLC, is engaged in the business of












12








29. Defendant, HCR ManorCare Heartland, LLC, is a corporation, duly licensed,



30. Defendant, HCR ManorCare Heartland, LLC, is engaged in the business of

owning, operating and/or managing nursing homes, including ManorCare Health Services-





agents, employees, servants, contractors, subcontractors, staff andlor partners, and those persons






12

C. Defendants, Trina L. Bradburd, D.O.; Brod, Kohutiak & Jamali, Ltd. 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 19010. Dr. Bradburd was one of Dr. Satish

Batta's primary care physicians and/or attending physicians and/or treating physicians while he

was a resident at ManorCare - Wallingford. Upon information and belief at all relevant times

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

Pennsylvania, with offices and a place of business located at Riddle Health Center 3, 1098 West

Baltimore Pike, Suite 3311, Media, Pennsylvania 19063.

33. Defendant, Brod, Kohutiak & Jamali, Ltd. a/k/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,


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



13

C. Defendants, Trina L. Bradburd, D.O.; Brod, Kohutiak & Jamali, Ltd. 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 19010. Dr. Bradburd was one of Dr. Satish

Batta's primary care physicians andlor attending physicians andlor treating physicians while he

was a resident at ManorCare - Wallingford. Upon information and belief at all relevant times

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

Pennsylvania, with offices arid a place of business located at Riddle Health Center 3 , i 098 West

Baltimore Pike, Suite 3311, Media, Pennsylvania 19063.

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,


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



13

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, medical services, and

nursing care to the public in Delaware County, Pennsylvania; and was at all times material


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 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

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 heaitheare, medical services, and

nursing care to the public in Delaware County, Pennsylvania; and was at all times material


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 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

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 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 2179.

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.

41. 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 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,

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

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 andlor this action is being brought in any county in which venue may

be laid against any Defendant. Pa. R.C.P. 1006(a.1) and 2179.

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.

4 1 . 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, 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 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

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, 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

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, 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

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 treatment of

medical 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.

51. 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 custodial needs, such as those presented by Dr. Satish K. Batta as

set forth herein.


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

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.


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 andlor treatment of

medicaland 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.

5 1 . 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 andlor custodial needs, such as those presented by Dr. Satish K. Batta as

set forth herein.


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

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 recklessly mismanaged and/or 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 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

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 andlor recklessly mismanaged 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 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

recklessly high resident to staff ratios, including high resident to nurse ratios and high resident to

nurse aide ratios.

61. 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 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

whereupon the incidents occurred was individually, collectively, and/or through a joint venture,

owned, possessed, controlled, managed, operated, and maintained under the exclusive control of

19

recklessly high resident to staff ratios, including high resident to nurse ratios and high resident to

nurse aide ratios.

6 1 . 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 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

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

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 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

71. Plaintiff is not seeking damages for the portions of Dr. Satish K. Batta'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

the ManorCare Defendants.

67. At all times material hereto, the Defendants were operating personally or through

their agents, servants, workers, employees, contractors, subcontractors, staff, 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


them.


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

7 1 . Plaintiff is not seeking damages for the portions of Dr. Satish K. Batta' 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

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

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.


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

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, 2013.

80. On November 24, 2013, during tracheostomy tube cleaning, nursing notes

indicate the presence of thick blood tinged mucus throughout the cannula. Per nursing notes, the

staff cleaned the cannula but did not suction.

81. On November 25, 2013, shortly after midnight, Dr. Satish K. Batta 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

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, 2013.

80. 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.

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

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 911 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 911.

93. 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

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 91 1 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 9 1 1.

93. By the time the medics arrived, Dr. Satish K. Batta was unresponsive.




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

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.

100. 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.

101. Defendants failed to contact Dr. Satish K. Batta's family when his condition

required it and when he specifically requested they do so.

102. 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.


Defendants' mismanagement, improper /under- budgeting, understaffing of the Facility and lack

of training or supervision of the Facility's employees, failure to provide adequate and appropriate

health care; engaging in incomplete, inconsistent and fraudulent documentation; failure to

24

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.

101. Defendants failed to contact Dr. Satish K. Batta's family when his condition

required it and when he specifically requested they do so.

1 02. 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.


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

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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.

104. 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

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, poor

hygiene, severe pain, suffering, mental anguish, an obstructed tracheostomy tube on November

25, 2013, and ultimately death.

105. ManorCare Defendants' actions are outrageous and a willful disregard of the most

certain risk of harm 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.

107. 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

develop an appropriate care plan; failure to ensure the highest level of physical, mental and


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


i 04. As a result of the negligence, carelessness and recklessness of the ManorCare



of any pre-existing conditions, illnesses, ailments, or diseases he had, andlor the accelerated


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.

105. 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.

107. 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

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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.

109. The Doctor Defendants failed to address Dr. Satish K. Batta's medical needs and

concerns which were brought to their attention by the Facility.

110. 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.

111. 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.

112. The aforementioned acts directly caused injury to and led to the death of Dr.

Satish K. Batta.

113. 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.

114. At the time and place of the incidents hereinafter described, the Doctor

Defendants were individually, collectively, and/or 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.

115. At all times material hereto, the Doctor Defendants were operating personally or

through their agents, servants, workers, employees, contractors, subcontractors, staff, and /or

26

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.

109. 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 i 0. 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.

1 12. The aforementioned acts directly caused injury to and led to the death of Dr.

Satish K. Batta.

1 1 3 . 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 14. At the time and place of the incidents hereinafter described, the Doctor

Defendants were individually, collectively, 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 5. At all times material hereto, the Doctor Defendants were operating personally or

through their agents, servants, workers, employees, contractors, subcontractors, staff, and/or

26

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.

116. 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 of Dr. Satish K. Batta.

117. The Doctor 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.


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

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 6. 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 7. The Doctor Defendants, their agents, servants, contractors, subcontractors, staff

and/or employees are/were, at all times material hereto, licènsed professionals/professional


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

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.

121. 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.

122. 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.

123. 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.

124. 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, RN.

125. It was not until after Dr. Satish K. Batta was in "full code" that the Facility called

911. However, when the medics arrived Dr. Satish K. Batta was already in cardiac arrest and

unresponsive.




127. 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

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.

121. 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.

122. 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.

123. 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 24. 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 Oeteil, RN.

125. It was not until after Dr. Satish K. Batta was in "full code" that the Facility called

9 1 1 . However, when the medics arrived Dr. Satish K. Batta was already in cardiac arrest and

unresponsive.




127. 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

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


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


128. As a result of the negligence, carelessness and recklessness of the Doctor



of any pre- existing conditions, illnesses, ailments, or diseases he had, and/or the accelerated


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.

129. The Doctor Defendants' actions are reckless and a willful disregard of the most

certain risk of harm they were creating to Dr. Satish K. Batta.

IV. COUNT ONE - Negligence - ManorCare Defendants

Dr. Mari M. Batta, Administratrix for The Estate of Dr. Satish K. Batta, deceased v.

HCR ManorCare, LLC; Wallingford Nursing and Rehabilitation Center -Wallingford, PA

d/b /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 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. Plaintiff incorporates herein by reference the preceding paragraphs as though the

same were more fully set forth at length herein.

29

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


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


128. As a result of the negligence, carelessness and recklessness of the Doctor



of any pre-existing conditions, illnesses, ailments, or diseases he had, and/or the accelerated


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.

129. 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. COUNT ONE - Negligence - ManorCare Defendants

Dr. Mari M. Batta, Administratrix for The Estate of Dr. Satish K. Batta, deceased V.

HCR ManorCare, LLC; Wallingford Nursing and Rehabilitation Center-Wallingford, PA

d/bla ManorCare Health Services-Wallingford; ManorCare Health Services, Inc. a/k/a


Healthcare, LLC; HCR HI Healthcare, LLC; HCR II Healthcare, LLC; HCR Healthcare,

LLC; HCRMC Operations, LLC; HCR ManorCare Operations II, LLC; Heartland


I 30. Plaintiff incorporates herein by reference the preceding paragraphs as though the


29

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.

132. 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.

133. Defendants had the ultimate responsibility of ensuring that the rights of the

residents, including Dr. Satish K. Batta, were protected.

134. 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.

135. 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.

136. Defendants, by and through their agents, employees, and/or 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.

137. 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

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 32. 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.

133. Defendants had the ultimate responsibility of ensuring that the rights of the

residents, including Dr. Satish K. Batta, were protected.

134. '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.

135. 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.

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 37. 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

Batta:

138. Defendants each owed and failed to fulfill the following duties to Dr. Satish K.

(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 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) 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 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

Batta:

138. Defendants each owed and failed to fulfill the following duties to Dr. Satish K.

(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 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;

(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 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

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.

140. 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.

141. 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.

142. 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.

143. 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.

144. 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.

145. The breaches of duties, general negligence, professional negligence, corporate

32

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.

140. 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.

141 . 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.

142. 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.

143. 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.

144. 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.

1 45 . The breaches of duties, general negligence, professional negligence, corporate

32

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 of Dr. 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. 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

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. 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;

failure to timely and appropriately notify Dr. Satish K. Batta's physician(s) and

consulting specialists when he experienced significant changes in his condition,



33

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,



tracheostomy tube on November 25, 2013, 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.

q.

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 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;

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

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;

failure to timely and appropriately notify Dr. Satish K. Batta's family and

personal representatives when he experienced significant changes in his condition,



tracheostomy tube on November 25, 20 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. 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 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,



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,

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. 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. 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 hygiene, severe pain, suffering, mental anguish, an obstructed tracheostomy

tube on November 25, 2013, 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,



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. 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

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. 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. 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,

pQor hygiene, severe pain, suffering, mental anguish, an obstructed tracheostomy

tube on November 25 , 20 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,



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;

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

bb. failure to implement a budget that properly funded the Facility and allowed the

Facility to provide adequate and appropriate healthcare to Dr. Satish K. Batta,

including adequate staff and supplies;

cc. grossly understaffing the Facility;

dd. failure to take appropriate steps to remedy continuing problems at the Facility that

Defendants knew were occurring with Dr. Satish K. Batta's care, which included

the need to increase the number of employees, hiring skilled and/or trained

employees, adequately training the current employees, monitoring the conduct of the employees, and/or changing the current policies and procedures to improve

Dr. Satish K. Batta care;

ee. failure to maintain compliance with the governmental regulations to which

Defendants' delivery of care is compared as part of the annual and complaint state

survey process performed by the Pennsylvania Department of Health;

ff. failure to contact the Medical Director of the facility to obtain an order for the

proper medication when Dr. Bradburd ordered Benadryl;

gg. failure to contact the Medical Director of the facility to obtain and order to

transfer Dr. Batta to the Hospital;

hh. failure to recognize the emergency situation on their own and honor Dr. Batta's

requests to go to the emergency room, and;

ii. in committing the acts and omissions herein, acting in a grossly negligent manner,

with reckless indifference to the rights and safety of Dr. Satish K. Batta.

146. Upon information and belief, Defendants owners, officers, directors, partners,

members and managers were made aware of governmental/state survey results and placed on

notice of the status of their nursing homes, including the Facility.

147. Upon information and belief, the Defendants, including their owners, officers,

directors, partners, members, managers, and employees, knew that they had been cited by

governmental units regarding ManorCare Health Services- Wallingford on November 19, 2010,

for failure to ensure that documentation regarding vital signs, blood sugar levels, antibiotic

medication, and resident's activities of daily living was complete for four residents, failure to

36

bb. failure to implement a budget that properly funded the Facility and allowed the

Facility to provide adequate and appropriate healthcare to Dr. Satish K. Batta,

including adequate staff and supplies;

cc. grossly understaffing the Facility;

dd. failure to take appropriate steps to remedy continuing problems at the Facility that

Defendants knew were occurring with Dr. Satish K. Batta's care, which included

the need to increase the number of employees, hiring skilled and/or trained

employees, adequately training the current employees, monitoring the conduct of the employees, and/or changing the current policies and procedures to improve

Dr. Satish K. Batta care;

ee. failure to maintain compliance with the governmental regulations to which

Defendants' delivery of care is compared as part of the annual and complaint state

survey process performed by the Pennsylvania Department of Health;

ff. failure to contact the Medical Director of the facility to obtain an order for the

proper medication when Dr. Bradburd ordered Benadryl;

gg. failure to contact the Medical Director of the facility to obtain and order to

transfer Dr. Batta to the Hospital;

hh. failure to recognize the emergency situation on their own and honor Dr. Batta's

requests to go to the emergency room, and;

ii. in committing the acts and omissions herein, acting in a grossly negligent manner,

with reckless indifference to the rights and safety of Dr. Satish K. Batta.

146. Upon information and belief, Defendantsowners, officers, directors, partners,

members and managers were made aware of governmental/state survey results and placed on

notice ofthe status oftheir nursing homes, including the Facility.

147. Upon information and belief, the Defendants, including their owners, officers,

directors, partners, members, managers, and employees, knew that they had been cited by

governmental units regarding ManorCare Health Services.-Wallingford on November 19, 2010,

for failure to ensure that documentation regarding vital signs, blood sugar levels, antibiotic

medication, and resident' s activities of daily living was complete for four residents, failure to

36

provide adequate maintenance services to ensure a safe and functional environment on three

nursing units, failure to develop a care plan to reflect the needs and interventions for two

residents, failure to invite four resident's family members to care plan meetings, failure to follow

the nurse practioner's recommendations and physician's orders, for failure to follow

recommendations from a consultant physician; on April 14, 2011, for failure to monitor the

central intravenous site for three residents, failure to assure that physician's orders were followed

for a residents receiving intravenous medication and intravenous nutritional products; on June

22, 2011, for failure to notify the legal representative of a significant change in the resident's

physical condition; on July 12, 2011, for failure to bring to the physician's attention a resident's

medical condition; on November 15, 2011, for failure to maintain accurate and complete

documentation related to dietary intake for residents, for failure to follow physician's orders, for

failure to promote care in a manner and in an environment that maintained the dignity of

residents, for failure to ensure staff practiced safe infection control practices; on December 14,

2011, for failure to assure physician's orders were followed, failure to timely address grievances

of residents, failure to promote care in a manner and environment that maintained residents'

dignity, failure to revise a care plan to accurately reflect the needs of residents, failure to meet

professional standards of care regarding wound treatment, failure to ensure health of residents

with food allergies, failure to review the need and justified prolonged use of a sedative, and

failure to ensure physician's orders were signed and dated in a timely fashion; on June 12, 2012,

for failure to investigate an injury of an unknown origin to rule out abuse, failure to promote

care in a manner and environment that maintained or enhanced each residents' dignity, and

failure to develop a comprehensive care plan; on October 1, 2012, for failure to provide social

service interventions for resident's mental and psychosocial well- being; on November 6, 2012,

37

provide adequate maintenance services to ensure a safe and functional environment on three

nursing units, failure to develop a care plan to reflect the needs and interventions for two

residents, failure to invite four resident's family members to care plan meetings, failure to follow

the nurse practioner's recommendations and physician's orders, for failure to follow

recommendations from a consultant physician; on April 14, 201 1, for failure to monitor the

central intravenous site for three residents, failure to assure that physician's orders were followed

for a residents receiving intravenous medication and intravenous nutritional products; on June

22, 20 1 1 , for failure to notif' the legal representative of a significant change in the resident' s

physical condition; on July 12, 2011, for failure to bring to the physician's attention a resident's

medical condition; on November 15, 201 1, for failure to maintain accurate and complete

documentation related to dietary intake for residents, for failure to follow physician's orders, for

failure to promote care in a manner and in an environment that maintained the dignity of

residents, for failure to ensure staff practiced safe infection control practices; on December 14,

20 1 1 , for failure to assure physician's orders were followed, failure to timely address grievances

of residents, failure to promote care in a manner and environment that maintained residents'

dignity, failure to revise a care plan to accurately reflect the needs of residents, failure to meet

professional standards of care regarding wound treatment, failure to ensure health of residents

with food allergies, failure to review the need and justified prolonged use of a sedative, and

failure to ensure physician's orders were signed and dated in a timely fashion; on June 12, 2012,

for failure to investigate an injury of an unknown origin to rule out abuse, failure to promote

care in a manner and environment that maintained or enhanced each residents' dignity, and

failure to develop a comprehensive care plan; on October 1 , 20 1 2, for failure to provide social

service interventions for resident's mental and psychosocial well-being; on November 6, 2012,

37

for failure to offer residents and their families the opportunity to participate in the resident's

periodic plan of care meeting, failure to provide a program to retain or improve bladder function

for residents; failure to implement the abuse policy by failing to report allegation of neglect to

the State Agency, failure to ensure that dignity was maintained while applying tape to a

residents' wounds, failure to develop a comprehensive care plan for residents, failure to ensure

that physician orders were followed regarding studies ordered, weight monitoring, and eye care,

failure to provide restorative nursing services to maintain ambulation skills, failure to provide

routine dental services for residents, failure to ensure complete and accurate documentation of

the administration and reconciliation of a controlled medication, and failure to maintain an

effective pest control program; on December 5, 2013, for failure to follow physician orders and

policies in the management of hyperglycemia and failure to follow policies or provide

assessment or needed care and services as ordered by the physicians for residents, failure to

ensure that verbal telephone orders were signed and dated by the physician, failure to ensure that

baseline tuberculosis status was determined promptly for residents, failure to timely report

allegations of abuse of residents to the State Agency, failure to ensure that assessments

accurately reflect the residents' status, failure to meet professional standards of quality regarding

the administration of medications, failure to complete an initial assessment of bladder function

and reassess residents upon change in bladder function, failure to provide appropriate treatment

for a resident with a peg tube, failing to hold a physician accountable for responding to the

pharmacist's recommendations for residents, failure to ensure immunizations were offered or

administered for the influenza and pneumococcal vaccines, and failure to record information in

accordance with the physician orders and ensure that the monthly physician recapitulation orders

accurately reflect changes that occurred for residents; on February 10, 2014, for failing to

38

for failure to offer residents and their families the opportunity to participate in the resident's

periodic plan of care meeting, failure to provide a program to retain or improve bladder function

for residents; failure to implement the abuse policy by failing to report allegation of neglect to

the State Agency, failure to ensure that dignity was maintained while applying tape to a

residents' wounds, failure to develop a comprehensive care plan for residents, failure to ensure

that physician orders were followed regarding studies ordered, weight monitoring, and eye care,

failure to provide restorative nursing services to maintain ambulation skills, failure to provide

routine dental services for residents, failure to ensure complete and accurate documentation of

the administration and reconciliation of a controlled medication, and failure to maintain an

effective pest control program; on December 5, 2013, for failure to follow physician orders and

policies in the management of hyperglycemia and failure to follow policies or provide

assessment or needed care and services as ordered by the physicians for residents, failure to

ensure that verbal telephone orders were signed and dated by the physician, failure to ensure that

baseline tuberculosis status was determined promptly for residents, failure to timely report

allegations of abuse of residents to the State Agency, failure to ensure that assessments

accurately reflect the residents' status, failure to meet professional standards of quality regarding

the administration of medications, failure to complete an initial assessment of bladder function

and reassess residents upon change in bladder function, failure to provide appropriate treatment

for a resident with a peg tube, failing to hold a physician accountable for responding to the

pharmacist's recommendations for residents, failure to ensure immunizations were offered or

administered for the influenza and pneumococcal vaccines, and failure to record information in

accordance with the physician orders and ensure that the monthly physician recapitulation orders

accurately reflect changes that occurred for residents; on February 10, 2014, for failing to

provide the necessary services to maintain bathing and or ADL services for residents; on March

11, 2014, for failure to record complete information in accordance with the physician's orders for

residents, failure to provide documentation on the disposition of narcotic medications for two of

two discharged residents; on June 10, 2014, for failure to ensure that physician's orders were

obtained, followed, and/or clarified and failed to assess, accurately monitor pain, administer

ordered pain medications, ensure care and services in place for bowel decline for residents,

failure to maintain a safe, sanitary, and comfortable environment for residents and staff, failure

to ensure that adequate infection control practices were maintained related to nasal cannula

storage and wound care, and failure to ensure sanitary storage of linen, failure to maintain

medications and biologicals utilizing accepted professional principles and failure to dispose of

medications after the expiration period, failure to maintain and store food in a sanitary manner,

failure to provide consistent wound documentation, failure to communicate resident care

information in a manner that respected the residents' dignity, failure to develop a care plan to

address residents' needs, failure to complete accurate assessments and ensure care to help restore

as much bladder control as possible for residents, and failure to ensure complete and accurate

documentation for residents' records; on November 20, 2014 for failure to assure that resident

assessments accurately reflected the residents' current status, failure to develop and revise plans

of care addressing residents' identified needs, and failure to act upon pharmacy

recommendations, failure to lock medication storage cabinet for controlled medications and

failure to follow facility practice for disposal of a controlled medication; on March 23, 2015, for

failure to ensure physician's orders for obtaining blood pressure were followed, failure to obtain

a laboratory study as ordered by the physician, and failure to ensure that complete and accurate

information was maintained in the clinical records for residents; and on March 31, 2015 for

39

provide the necessary services to maintain bathing and or ADL services for residents; on March

1 1, 2014, for failure to record complete information in accordance with the physician's orders for

residents, failure to provide documentation on the disposition of narcotic medications for two of

two discharged residents; on June 10, 2014, for failure to ensure that physician's orders were

obtained, followed, and/or clarified and failed to assess, accurately monitor pain, administer

ordered pain medications, ensure care and services in place for bowel decline for residents,

failure to maintain a safe, sanitary, and comfortable environment for residents and staff, failure

to ensure that adequate infection control practices were maintained related to nasal cannula

storage and wound care, and failure to ensure sanitary storage of linen, failure to maintain

medications and biologicals utilizing accepted professional principles and failure to dispose of

medications after the expiration period, failure to maintain and store food in a sanitary manner,

failure to provide consistent wound documentation, failure to communicate resident care

information in a manner that respected the residents' dignity, failure to develop a care plan to

address residents' needs, failure to complete accurate assessments and ensure care to help restore

as much bladder control as possible for residents, and failure to ensure complete and accurate

documentation for residents' records; on November 20, 2014 for failure to assure that resident

assessments accurately reflected the residents' current status, failure to develop and revise plans

of care addressing residents' identified needs, and failure to act upon pharmacy

recommendations, failure to lock medication storage cabinet for controlled medications and

failure to follow facility practice for disposal ofa controlled medication; on March 23, 2015, for

failure to ensure physician's orders for obtaining blood pressure were followed, failure to obtain

a laboratory study as ordered by the physician, and failure to ensure that complete and accurate

information was maintained in the clinical records for residents; and on March 3 1 , 20 1 5 for

39

failure to develop a plan of care to address a resident's non -compliance with care.

148. As a direct and proximate result of the Defendants' acts and omissions, and their

breach of the duty of care, negligence, carelessness and recklessness, Dr. Satish K. Batta suffered

(a) severe permanent physical injuries resulting in pain, suffering, disfigurement and death, (b)

mental anguish, embarrassment, humiliation, degradation, emotional distress, and loss of

personal dignity, (c) loss of capacity for enjoyment of life, and (d) expense of otherwise

unnecessary hospitalizations and medical care.

149. In causing the aforementioned injuries, the Defendants knew, or should have

known, that Dr. Satish K. Batta would suffer such harm.

150. At all times pertinent hereto, there was in full force and effect 18 Pa.C.S.A. §2713

"Neglect of Care Dependent Person," which set forth penal consequences for neglect of a care -

dependent person.

151. 18 Pa.C.S.A. §2713 "Neglect of Care Dependent Person" expresses the

fundamental public policy of the Commonwealth of Pennsylvania that elders, like children, are

not to be abused or neglected, particularly in health care facilities or by persons holding

themselves out as trained professionals, and that if such abuse or neglect causes injury, either

physical or mental, then such conduct is actionable.

152. At all times pertinent hereto, Dr. Satish K. Batta was a care dependent Dr. Satish

K. Batta of the Defendants' Facility, ManorCare Health Services -Wallingford, and thus fell

within the class of persons 18 Pa.C.S.A. §2713 "Neglect of Care Dependent Person" was

intended to protect, thus entitling Plaintiff to adopt 18 Pa.C.S.A. §2713 "Neglect of Care

Dependent Person" as the standard of care for measuring the Defendants' conduct.

40

failure to develop a plan of care to address a resident's non-compliance with care.









150. At all times pertinent hereto, there was in full force and effect 18 Pa.C.S.A. §2713

"Neglect of Care Dependent Person," which set forth penal consequences for neglect of a care-

dependent person.

151. 18 Pa.C.S.A. §2713 "Neglect of Care Dependent Person" expresses the

fundamental public policy of the Commonwealth of Pennsylvania that elders, like children, are

not to be abused or neglected, particularly in health care facilities or by persons holding

themselves out as trained professionals, and that if such abuse or neglect causes injury, either

physical or mental, then such conduct is actionable.

152. At all times pertinent hereto, Dr. Satish K. Batta was a care dependent Dr. Satish

K. Batta of the Defendants' Facility, ManorCare Health Services-Wallingford, and thus fell

within the class of persons I 8 Pa.C.S.A. §2713 "Neglect of Care Dependent Person" was

intended to protect, thus entitling Plaintiff to adopt 18 Pa.C.S.A. §2713 "Neglect of Care

Dependent Person" as the standard of care for measuring the Defendants' conduct.

153. Additionally, 18 Pa.C.S.A. §2713 "Neglect of Care Dependent Person" is

directed, at least in part, to obviate the specific kind of harm which Dr. Satish K. Batta sustained.

154. The Defendants, in accepting the responsibility for caring for Dr. Satish K. Batta

as aforesaid, were negligent "per se" and violated 18 Pa.C.S.A. §2713 "Neglect of Care

Dependent Person" in that they:

a. failed to provide treatment, care, goods and services necessary to preserve the

health, safety or welfare of Dr. Satish K. Batta for whom they were responsible to

provide care as specifically set forth in this Complaint;

155. At all times pertinent hereto, there was in full force and effect 35 P.S.

§10225.101, et seq., "Pennsylvania Older Adults Protective Services Act," which sets forth civil

penalties, administrative penalties and other consequences for abuse of a care- dependent person.

156. 35 P.S. §10225.102, expresses the policy of the Commonwealth of Pennsylvania

that:

...older adults who lack the capacity to protect themselves and are at

imminent risk of abuse, neglect, exploitation or abandonment shall have

access to and be provided with services necessary to protect their health,

safety and welfare. It is not the purpose of this act to place restrictions

upon the personal liberty of incapacitated older adults, but this act should

be liberally construed to assure the availability of protective services to all

older adults in need of them. Such services shall safeguard the rights of

incapacitated older adults while protecting them from abuse, neglect,

exploitation and abandonment. It is the intent of the General Assembly to

provide for the detection and reduction, correction or elimination of abuse,

neglect, exploitation and abandonment, and to establish a program of

protective services for older adults in need of them.

157. At all times pertinent hereto, Dr. Satish K. Batta was an older person who was a

resident of Defendants' Facility, ManorCare Health Services- Wallingford, who lacked the

capacity to protect himself and thus fell within the class of persons 35 P.S. §10225.101, et seq.

was intended to protect, thus entitling Plaintiff to adopt 35 P.S. §10225.101, et seq. as the

standard of care for measuring the Defendants' conduct.

41

153. Additionally, 18 Pa.C.S.A. §2713 "Neglect of Care Dependent Person" is

directed, at least in part, to obviate the specific kind ofharm which Dr. Satish K. Batta sustained.

154. The Defendants, in accepting the responsibility for caring for Dr. Satish K. Batta

as aforesaid, were negligent "per se" and violated i 8 Pa.C.S.A. §27 1 3 "Neglect of Care

Dependent Person" in that they:

a. failed to provide treatment, care, goods and services necessary to preserve the

health, safety or welfare of Dr. Satish K. Batta for whom they were responsible to

provide care as specifically set forth in this Complaint;

155. At all times pertinent hereto, there was in full force and effect 35 P.S.

§ i 0225. 1 0 1 , et seq. , "Pennsylvania Older Adults Protective Services Act," which sets forth civil

penalties, administrative penalties and other consequences for abuse of a care-dependent person.

that:

156. 35 P.S. §10225.102, expresses the policy of the Commonwealth of Pennsylvania

. . . older adults who lack the capacity to protect themselves and are at

imminent risk of abuse, neglect, exploitation or abandonment shall have

access to and be provided with services necessary to protect their health,

safety and welfare. It is not the purpose of this act to place restrictions

upon the personal liberty of incapacitated older adults, but this act should

be liberally construed to assure the availability of protective services to all

older adults in need of them. Such services shall safeguard the rights of

incapacitated older adults while protecting them from abuse, neglect,

exploitation and abandonment. It is the intent of the General Assembly to

provide for the detection and reduction, correction or elimination of abuse,

neglect, exploitation and abandonment, and to establish a program of

protective services for older adults in need of them.

1 57. At all times pertinent hereto, Dr. Satish K. Batta was an older person who was a

resident of Defendants' Facility, ManorCare Health Services-Wallingford, who lacked the

capacity to protect himself and thus fell within the class of persons 35 P.S. §10225.101, et seq.

was intended to protect, thus entitling Plaintiff to adopt 35 P.S. §10225. 101, et seq. as the

standard of care for measuring the Defendants' conduct.

41

158. Additionally, the Pennsylvania Older Adults Protective Services Act is directed,

at least in part, to obviate the specific kind of harm which Dr. Satish K. Batta sustained.

159. In addition to the aforesaid negligence, which said negligence is specifically

incorporated herein, the Defendants, in accepting the responsibility for caring for Dr. Satish K.

Batta as aforesaid, were negligent "per se" and violated 35 P.S. §10225.101, et seq. in that they

had reasonable cause to suspect that Dr. Satish K. Batta was the victim of abuse or neglect and

failed to report said abuse and neglect to the appropriate agency and law enforcement officials.

160. As a direct result of the aforesaid negligence "per se" of the Defendants, Dr.

Satish K. Batta was caused to sustain serious personal injuries and damages as aforesaid.

161. The conduct of the Defendants was intentional, outrageous, willful and wanton,

and exhibited a reckless indifference to the health and well -being of Dr. Satish K. Batta.

162. The conduct of the Defendants was such that an award of punitive damages is

j ustified.

WHEREFORE, Plaintiff, Dr. Mari M. Batta, Administratrix for the Estate of Dr. Satish

K. Batta, deceased, respectfully requests that judgment be entered in her favor, and against

Defendants, in an amount in excess of the compulsory arbitration limits and/or Fifty Thousand

Dollars ($50,000.00) whichever is greater, together with punitive damages, costs, and any other

relief that this Honorable Court deems appropriate given the circumstances. A jury trial is

demanded.

42

I 58. Additionally, the Pennsylvania Older Adults Protective Services Act is directed,

at least in part, to obviate the specific kind of harm which Dr. Satish K. Batta sustained.

i 59. In addition to the aforesaid negligence, which said negligence is specifically

incorporated herein, the Defendants, in accepting the responsibility for caring for Dr. Satish K.

Batta as aforesaid, were negligent "per se" and violated 35 P.S. §10225.101, et seq. in that they

had reasonable cause to suspect that Dr. Satish K. Batta was the victim of abuse or neglect and

failed to report said abuse and neglect to the appropriate agency and law enforcement officials.

160. As a direct result of the aforesaid negligence "per se" of the Defendants, Dr.

Satish K. Batta was caused to sustain serious personal injuries and damages as aforesaid.

i 6 1 . The conduct of the Defendants was intentional, outrageous, willful and wanton,

and exhibited a reckless indifference to the health and well-being of Dr. Satish K. Batta.


justified.



Defendants, in an amount in excess of the compulsory arbitration limits andlor Fifty Thousand



demanded.

42

V. COUNT TWO - Survival Action - ManorCare Defendants



d /b /a ManorCare Health Services- Wallingford; ManorCare Health Services, Inc. a /k/a



LLC; HCRMC Operations, LLC; HCR ManorCare Operations II, LLC; Heartland Employment Services, LLC; HCR ManorCare Heartland, LLC

163. Plaintiff hereby incorporates by reference the preceding paragraphs as though the


164. Plaintiff, Dr. Mari M. Batta, brings this action on behalf of the decedent's estate

under and by virtue of the Pennsylvania Judiciary Act 42 Pa.C.S. 8302, known as the Survival

Statute, to recover all damages legally appropriate thereunder.

165. The following people are entitled to share under this cause of action in the estate

of said decedent, Dr. Satish K. Batta: (1) Dr. Mari M. Batta, daughter, Administratrix of the

Estate, (2) Mrs. Fumiyo K. Batta, spouse, and (3) Risa S. Batta, daughter.

166. Plaintiff's decedent, Dr. Satish K. Batta, did not bring any action during his

lifetime, nor has any other action been commenced on behalf of Plaintiff's decedent, Dr. Satish

K. Batta, against the Defendants herein.

167. Plaintiff, Dr. Mari M. Batta, claims damages for the conscious pain and suffering

including mental and physical pain, suffering and inconvenience, loss of life's pleasures and

aggravation of pre- existing medical conditions, and expense of otherwise unnecessary

hospitalizations undergone by Dr. Satish K. Batta, up to and including the time of his death,

which was caused by the Defendants' breach of duties, negligence, carelessness, and

recklessness.

168. Plaintiff, Dr. Mari M. Batta, claims damages for the fright and mental suffering

43

V. COUNT TWO - Surviva' Action - ManorCare Defendants


11CR ManorCare, LLC; Wallingford Nursing and Rehabilitation Center-Wallingford, PA

d/b/a ManorCare Health Services-Wallingford; ManorCare Health Services, Inc. a/k/a


Healthcare, LLC; HCR III Healthcare, LLC; 11CR II Healthcare, LLC; HCR Healthcare,


i 63 . Plaintiff hereby incorporates by reference the preceding paragraphs as though the








166. Plaintiffs decedent, Dr. Satish K. Batta, did not bring any action during his





aggravation of pre-existing medical conditions, and expense of otherwise unnecessary



recklessness.


43

attributable to the peril leading to the physical manifestation of mental injuries, physical injuries,

respiratory insufficiency, poor hygiene, severe pain, suffering, mental anguish, an obstructed

tracheostomy tube on November 25, 2013, and ultimately death occurring to Dr. Satish K. Batta,

which was caused by the Defendants' breaches of duties, negligence, carelessness and

recklessness.



170. The conduct of the Defendants was intentional, outrageous, willful and wanton



justified.






demanded.

VI. COUNT THREE - Wrongful Death - ManorCare Defendants



d /b /a ManorCare Health Services- Wallingford; ManorCare Health Services, Inc. a/k/a


Healthcare, LLC; HCR III 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.


44




which was caused by the Defendants' breaches of duties, negligence, carelessness and

recklesspess.



i 70. The conduct of the Defendants was intentional, outrageous, willful and wanton

and exhibited a reckless indifference to the health and well-being ofDr. Satish K. Batta.

I 7 1 . The conduct of the Defendants was such that an award of punitive damages is

justified.

WHEREFORE, Plaintiff, Dr. Mari M. Baffa, Administratrix for the Estate of Dr. Satish

K. Batta, deceased, respectfiully requests that judgment be entered in her favor, and against




demanded.

VI. COUNT THREE - Wrongful Death - ManorCare Defendants



d/b/a ManorCare Health Services-Wallingford; ManorCare Health Services, Inc. a/k/a



LLC; HCRMC Operations, LLC; HCR ManorCare Operations II, LLC; Heartland Employment Services, LLC; HCR ManorCare Heartland, LLC.

i 72. Plaintiff hereby incorporates by reference the preceding paragraphs as though the

same were fully set forth at length herein.


under and by virtue of the Pennsylvania Judiciary Act 42 Pa.C.S. 8301, known as the Wrongful

Death Statute, to recover all damages legally appropriate thereunder.


of said decedent, Dr. Satish K. Batta: (1) Mrs. Fumiyo K. Batta, spouse, (2) Dr. Mari M. Batta,

daughter, and (3) Risa S. Batta, daughter.


lifetime, nor has any other action been commenced on behalf of Dr. Satish K. Batta, deceased,

against the Defendants herein.

176. Plaintiff, Dr. Mari M. Batta, claims damages for the pecuniary loss suffered by

the decedent's survivors by reason of the death of Dr. Satish K. Batta, deceased, as well as for

the reimbursement of hospital, nursing, medical, and funeral expenses, and expenses of

administration and other expenses incurred in connection therewith.

177. As a result of the death of Dr. Satish K. Batta, deceased, the súrvivors, as

aforesaid, have been deprived of the companionship, comfort, aid, assistance and society that he

would have received from said Dr. Satish K. Batta, deceased, for the remainder of his natural

life.


K. Batta, deceased, respectfully requests that judgment be entered in her favor, and against the

ManorCare Defendants, in an amount in excess of the compulsory arbitration limits and/or Fifty

Thousand Dollars ($50,000.00) whichever is greater, together with damages, costs, and any other


45








I 75. Plaintiff's decedent, Dr. Satish K. Batta, did not bring any action during his

lifetime, nor has any other action been commenced on behalf of Dr. Satish K. Batta deceased,






i 77. As a result of the death of Dr. Satish K. Batta, deceased, the sùrvivors, as



life.


K. Batta, deceased, respectfully requests that judgment be entered in her favor, and against the

ManorCare Defendants, in an amount in excess of the compulsory arbitration limits andlor Fifty

Thousand Dollars ($50,000.00) whichever is greater, together with damages, costs, and any other


demanded.

VII. COUNT FOUR - False Imprisonment - ManorCare Defendants



d/b /a ManorCare Health Services- Wallingford; ManorCare Health Services, Inc. a/k/a


Healthcare, LLC; HCR III Healthcare, LLC; HCR II Healthcare, LLC; HCR Healthcare, LLC; HCRMC Operations, LLC; HCR ManorCare Operations II, LLC; Heartland




179. Plaintiff hereby brings a cause of action on behalf of the decedent for False

Imprisonment.

180. Upon accepting Dr. Satish K. Batta as a resident at the Facility, ManorCare

Defendants individually and jointly assumed direct, non -delegable duties to Dr. Satish K. Batta

to provide him with adequate and appropriate healthcare, and Defendants had the ultimate

responsibility of ensuring that the rights of the residents, including Dr. Satish K. Batta, were

protected.

181. ManorCare Defendants knew that Dr. Satish K. Batta was dependent on them for

tracheotomy care, and that he could not verbally speak but would communicate using a notepad

and pen. They also knew he was at risk for respiratory distress.

182. Into the midnight hours of November 25, 2013, Dr. Satish K. Batta repeatedly

communicated to the ManorCare Facility staff that he was in respiratory distress and needed to

go to the hospital. Yet they refused to take him.

183. After continued delay in calling 911, Dr. Satish K. Batta Wrote to them asking to

call his daughter and pleading with them to take him to the hospital because he was in respiratory

46

demanded.

VII. COUNT FOUR - False Imprisonment - ManorCare Defendants

Dr. Mari M. Batta, Administratrix for The Estate ofDr. Satish K. Batta, deceased V.


dThía ManorCare Health Services-Wallingford; ManorCare Health Services, Inc. a/k/a





same were ffilly set forth at length herein.

i 79. Plaintiff hereby brings a cause of action on behalf of the decedent for False

Imprisonment.

i 80. Upon accepting Dr. Satish K. Batta as a resident at the Facility, ManorCare

Defendants individually and jointly assumed direct, non-delegable duties to Dr. Satish K. Batta

to provide him with adequate and appropriate healthcare, and Defendants had the ultimate

responsibility of ensuring that the rights of the residents, including Dr. Satish K. Batta, were

protected.

i 8 1 . ManorCare Defendants knew that Dr. Satish K. Batta was dependent on them for

tracheotomy care, and that he could not verbally speak but would communicate using a notepad

and pen. They also knew he was at risk for respiratory distress.

182. Into the midnight hours of November 25, 2013, Dr. Satish K. Batta repeatedly

communicated to the ManorCare Facility staff that he was in respiratory distress and needed to

go to the hospital. Yet they refused to take him.

183. After continued delay in calling 911, Dr. Satish K. Batta Wrote to them asking to

call his daughter and pleading with them to take him to the hospital because he was in respiratory

distress.

184. Dr. Satish K. Batta also wrote that he was going to die if they did not take him to

the hospital.

185. Despite his requests to leave, the Facility continued to keep Dr. Batta at the

Facility against his will.

186. Dr. Satish Batta was at the mercy of the Facility to call for help for him, and he

repeated communicated for them to do so.

187. The ManorCare defendants intentionally refused to call the medics to transport

Dr. Batta to the emergency room, thereby intentionally confining him within the boundaries of

their Facility against his will.

188. Due to his medical and nursing conditions, Dr. Satish K. Batta was unable to

escape his confinement.

189. Dr. Satish Batta suffered serious harm as a result of his confinement within the

facility, as he went into respiratory distress and coded before the Facility called 911.

190. Upon the medics' arrival, Dr. Satish K. Batta was unresponsive, without cardiac

activity, and unable to be revived.

191. Dr. Satish K. Batta was pronounced dead at the Crozier Chester Medical Center,

with a time of death being 2:22am and noting that medics did all they could to try to revive him.

192. ManorCare Defendants knew or should have known that their purposeful

confinement of Dr. Batta within the Facility would cause him serious bodily harm or even death.

193. As a direct result of their unlawful confinement, Dr. Batta suffered serious harm

and death.


47

distress.

184. Dr. Satish K. Batta also wrote that he was going to die if they did not take him to

the hospital.

185. Despite his requests to leave, the Facility continued to keep Dr. Batta at the

Facility against his will.

i 86. Dr. Satish Batta was at the mercy of the Facility to call for help for him, and he

repeated communicated for them to do so.

187. The ManorCare defendants intentionally refused to call the medics to transport

Dr. Batta to the emergency room, thereby intentionally confining him within the boundaries of

their Facility against his will.

188. Due to his medical and nursing conditions, Dr. Satish K. Batta was unable to

escape his confinement.

189. Dr. Satish Batta suffered serious harm as a result of his confinement within the

facility, as he went into respiratory distress and coded before the Facility called 9 1 1.

190. Upon the medics' arrival, Dr. Satish K. Batta was unresponsive, without cardiac

activity, and unable to be revived.

i 9 1 . Dr. Satish K. Batta was pronounced dead at the Crozier Chester Medical Center,

with a time of death being 2:22am and noting that medics did all they could to try to revive him.

192. ManorCare Defendants knew or should have known that their purposeful

confinement of Dr. Batta within the Facility would cause him serious bodily harm or even death.

i 93 . As a direct result of their unlawful confinement, Dr. Batta suffered serious harm

and death.


47




which was caused by the Defendants' breaches of duties, negligence, and False Imprisonment.




j ustified.






demanded.

VIII. COUNT FIVE - Negligence - Doctor Defendants


Trina L. Bradburd, D.O.; Brod, Kohutiak & Jamali, Ltd. a/k/a Jamali and Kohutiak, Ltd.; Main Line Health System



198. The Doctor Defendants, Trina L. Bradburd, D.O., Brod, Kohutiak & Jamali, LTD.

a/k/a Jamali and Kohutiak, LTD., and Main Line Health System, individually and through their

actual or ostensible agents, employees and /or servants, owed a duty of care to Dr. Satish K.

Batta.

48




which was caused by the Defendants' breaches ofduties, negligence, and False Imprisonment.



i 96. The conduct of the Defendants was such that an award of punitive damages is

justified.






demanded.

Vm. COUNT FIVE - Negligence - Doctor Defendants



i 97. Plaintiff hereby incorporates by reference the preceding paragraphs as though the


198. The Doctor Defendants, Trina L. Bradburd, D.O., Brod, Kohutiak & Jamali, LTD.

a/k/a Jamali and Kohutiak, LTD., and Main Line Health System, individually and through their

actual or ostensible agents, employees and/or servants, owed a duty of care to Dr. Satish K.

Batta.

199. Specifically, the Doctor Defendants owed Dr. Satish K. Batta a duty to exercise

the appropriate, competent, and reasonable skill and care of a physician.

200. The Doctor Defendants breached their duty of care, and directly and proximately

caused Dr. Satish K. Batta damages by

a. failing to take an adequate and appropriate history of disease from (or

about) Dr. Satish K. Batta while he was under their care which caused

and/or increased his risk of harm and death as a result of Defendants'

conduct;

b. failing to complete an adequate and appropriate physical of Dr. Satish K.

Batta while he was under their care, including all care, treatment, and

diagnoses leading up to his final day of respiratory distress, which caused


conduct ;

c. failing to properly monitor Dr. Satish K. Batta's condition when nurses

from the Facility called about him complaining of respiratory distress,

which caused and/or increased his risk of harm and death as a result of Defendants' conduct;

d. failing to properly examine, diagnose, monitor, treat, and/or refer Dr.

Satish K. Batta, while he was under their care, including all care,

treatment, and diagnoses leading up to his respiratory distress, given his

medical condition, which Defendants knew or should have known, which

caused and/or increased his risk of harm and death as a result of Defendants' conduct;

e. failing to order appropriate interventions and action, including calling the

Pharmacy as requested and/or ordering the proper medication and/or

ordering that Dr. Satish K. Batta be taken emergently to the hospital, while

he was under their care, given his medical condition, which Defendants

knew or should have known, which caused and/or increased his risk of

harm and death as a result of Defendants' conduct;

f. failing to adequately and appropriately communicate with the ManorCare

Defendants' staff regarding Dr. Satish K. Batta's condition, and ;

g failing to promptly order the transfer of Dr. Satish K. Batta, a

tracheostomy patient, to the hospital for evaluation of his respiratory

distress on November 25, 2013;

49

199. Specifically, the Doctor Defendants owed Dr. Satish K. Batta a duty to exercise

the appropriate, competent, and reasonable skill and care of a physician.

200. The Doctor Defendants breached their duty of care, and directly and proximately

caused Dr. Satish K. Batta damages by

a. failing to take an adequate and appropriate history of disease from (or

about) Dr. Satish K. Batta while he was under their care which caused


conduct;

b. failing to complete an adequate and appropriate physical of Dr. Satish K.

- Batta while he was under their care, including all care, treatment, and

diagnoses leading up to his final day of respiratory distress, which caused


conduct;

C. failing to properly monitor Dr. Satish K. Batta's condition when nurses

from the Facility called about him complaining of respiratory distress,

which caused and/or increased his risk of harm and death as a result of Defendants' conduct;

d. failing to properly examine, diagnose, monitor, treat, andlor refer Dr.

Satish K. Batta, while he was under their care, including all care,

treatment, and diagnoses leading up to his respiratory distress, gìven his

medical condition, which Defendants knew or should have known, which

caused and/or increased his risk of harm and death as a result of Defendants' conduct; -

e. failing to order appropriate interventions and action, including calling the

Pharmacy as requested and/or ordering the proper medication and/or

ordering that Dr. Satish K. Batta be taken emergently to the hospital, while

he was under their care, given his medical condition, which Defendants

knew or should have known, which caused and/or increased his risk of harm and death as a result of Defendants' conduct;

f. failing to adequately and appropriately communicate with the ManorCare

Defendants' staff regarding Dr. Satish K. Batta's condition, and;

g. failing to promptly order the transfer of Dr. Satish K. Batta, a

tracheostomy patient, to the hospital for evaluation of his respiratory

distress on November 25, 2013;









203. The conduct of the Defendants was intentional, outrageous, willful and wanton,



justified.






demanded.

IX. COUNT SIX - Survival Action - Doctor Defendants





50





personal dignity, (e) loss of capacity for enjoyment of life, and (d) expense of otherwise




203 . The conduct of the Defendants was intentional, outrageous, willful and wanton,



i ustified.


K. Batta, deceased, respectfiully requests that judgment be entered in her favor, and against



relief that this Honorable Court deems appropriate given the circumstances. A iury trial is

demanded.

Ix. COUNT SIX - Survival Action - Doctor Defendants





1141












aggravation of pre -existing medical conditions, and expense of otherwise unnecessary



recklessness.



respiratory insufficiency, severe pain, suffering, mental anguish, an obstructed tracheostomy tube

on November 25, 2013, and ultimately death occurring to Dr. Satish K. Batta, which was caused

by the Defendants' breaches of duties, negligence, carelessness and recklessness.




51












aggravation of pre-existing medical conditions, and expense of otherwise unnecessary



recklessness.



respiratory insufficiency, severe pain, suffering, mental anguish, an obstructed tracheostomy tube

on November 25, 2013, and ultimately death occurring to Dr. Satish K. Batta, which was caused

by the Defendants' breaches of duties, negligence, carelessness and recklessness.

21 1. In causing the aforementioned injuries, the Defendants knew, or should have



51



j ustified.






demanded.

X. COUNT SEVEN- Wrongful Death - Doctor Defendants


Trina L. Bradburd, D.O.; Brod, Kohutiak & Jamali, Ltd. a /k/a Jamali and Kohutiak, Ltd.; Main Line Health System












52


2 1 3 . The conduct of the Defendants was such that an award of punitive damages is

i ustified.



Defendants, in an amount in excess of the compulsory arbitration limits andlor Fifty Thousand



demanded.

X. COUNT SEVEN - Wrongful Death - Doctor Defendants


Trina L. Bradburd, D.O.; Brod, Kohutiak & Jamati, Ltd. a/k/a Jamali and Kohutiak, Ltd.; Main Line Health System

2 i 4. Plaintiff hereby incorporates by reference the preceding paragraphs as though the



under and by virtue of the Pennsylvania Judiciary Act 42 Pa.C.S. 830 1 , known as the Wrongful


2 1 6. The following people are entitled to share under this cause of action in the estate



2 1 7. Plaintiffs decedent, Dr. Satish K. Batta, did not bring any action during his



52





219. As a result of the death of Dr. Satish K. Batta, deceased, the survivors, as



life.




Dollars ($50,000.00) whichever is greater, together with damages, costs, and any other relief that

this Honorable Court deems appropriate given the circumstances. A jury trial is demanded.

Dated:

Respectfully Submitted,

WILKES & McHUGH, P.A.

uben J. iszta , esquire Attorney for Plaintiff, Dr. Mari M Batta, Administratrix for the Estate of Dr. Satish K Batta, deceased

53





2 1 9. As a result of the death of Dr. Satish K. Batta, deceased, the survivors, as


would have received from said Dr. Satish K. Baffa, deceased, for the remainder of his natural

life.




Dollars ($50,000.00) whichever is greater, together with damages, costs, and any other relief that

this Honorable Court deems appropriate given the circumstances. Ajury trial is demanded.

Respectfully Submitted,

WILKES & McHUGH, P.A.

Dated: '3

, t D BY:

Attorneyfor Plaint9Ç Dr. Mari M Batta, Administratrixfor the Estate ofDr. Satish K Batta, deceased

VERIFICATION

The undersigned, having read the attached Complaint, verifies that the

within Complaint is based on information furnished to counsel, which information

has been gathered by counsel in the course of this lawsuit. The language of the

Complaint is that of counsel and not the signer. Signer verifies that signer has

read the within Complaint and that it is true and correct to the best of signer's

knowledge, information and belief. To the extent that the contents of the

Complaint are not that of signer, signer has relied upon counsel in taking this

Verification. This Verification is made subject to the penalties Pa.C.S. Section

4904, relating to unsworn falsification of authorities.

Dated: L¡í) f7 rvi j. oo I 6.

Dr. Mari M. Batta, as Administratrix for the Estate of Dr. Satish K. Batta, deceased

VERIFICATION

The undersigned, having read the attached Complaint, verifies that the

within Complaint is based on information furnished to counsel, which information

has been gathered by counsel in the course of this lawsuit. The language of the

Complaint is that of counsel and not the signer. Signer verifies that signer has

read the within Complaint and that it is true and correct to the best of signer's

knowledge, information and belief. To the extent that the contents of the

Complaint are not that of signer, signer has relied upon counsel in taking this

Verification. This Verification is made subject to the penalties Pa.C.S. Section

4904, relating to unsworn falsification of authorities.

Dated:L4t1

Dr. Mari M. Batta, as Administratrix for the Estate ofDr. Satish K. Batta, deceased

CERTIFICATE OF SERVICE

I, Ruben J. Krisztal, Esquire, attorney for Plaintiff, attest and certify that a true and

correct copy of the foregoing Complaint in Civil Action was served, as indicated, upon the

following individual(s): Via Federal Express

William J. Mundy, Esquire John M. Skrocki, Esquire

Sean P. O'Mahoney, Esquire BURNS WHITE LLC

100 Four Falls, Suite 515

1001 Conshohocken State Road West Conshohocken, PA 19428

Attorneys for: HCR ManorCare, LLC; Wallingford Nursing and Rehabilitation Center - Wallingford, PA, LLC d/b /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 Healthcare, LLC; HCR II Healthcare,

LLC; HCR Healthcare, LLC; HCRMC Operations, LLC; HCR ManorCare Operations II, LLC; Heartland


Dated: 6)-IS- i

1 U./ i

Via Federal Express Stewart J. Greenleaf, Jr., Esquire Frederick P. Santarelli, Esquire ELLIOTT GREENLEAF, P.C.

925 Harvest Drive, Suite 300 P. O. Box 3010

Blue Bell, PA 19422

Attorneys for: Main Line Health System

Via Federal Express Trina L. Bradburd, D.O. 535 Ramblewood Drive Bryn Mawr, PA 19010

Via Federal Express BROD, KOHUTIAK & JAMALI, Ltd.

a/k/a JAMALI AND KOHUTIAK, Ltd. Riddle Health Center 3, Suite 3311

1098 West Baltimore Pike Media, PA 19063

Wilkes & McHugh, P.A.

3

Ruben J. Kris .1, Esquire Attorney for Plaintiff

CERTIFICATE OF SERVICE

I, Ruben J. Krisztal, Esquire, attorney for Plaintiff, attest and certify that a true and

correct copy of the foregoing Complaint in Civil Action was served, as indicated, upon the

following individual(s): Via Federal Express

William J. Mundy, Esquire John M. Skrocki, Esquire

Sean P. O'Mahoney, Esquire BURNS WHITE LLC

loo Four Falls, Suite 515

I 00 1 Conshohocken State Road West Conshohocken, PA i 9428

Attorneysfor: HCR ManorCare, LLC; Wallingford Nursing and Rehabilitation Center- Wallingford, PA, LLC d/b/a

ManorCare Health Services- Wallingford; ManorCare Health Services, Inc. a/k/a ManorCare Health Services, LLC;

Manor Care, Inc. ; HCR ManorCare, Inc.; HCR IVHealthcare, LLC; HCR III 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

Via Federal Express Stewart J. Greenleaf, Jr., Esquire Frederick P. Santareili, Esquire ELLIOTT GREENLEAF, P.C. 925 Harvest Drive, Suite 300

P. O. Box 3010 Blue Bell, PA 19422

Attorneysfor: Main Line Health System

Via Federal Express Trina L. Bradburd, D.O. 535 Ramblewood Drive Bryn Mawr, PA 19010

Via Federal Express BROD, KOHUTIAK & JAMALI, Ltd.

a/k/a JAMALI AND KOHUTIAK, Ltd.

Riddle Health Center 3 , Suite 3311

1 098 West Baltimore Pike Media, PA 19063

Wilkes & McHugh, P.A.

Dated: }((i Ruben J. Kris I

Attorney for Plaintiff

3

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