Petition - Missouri Medical Malpractice - Nurse Negligence - Burn Injury - Employer Liability
Petition - Nurse Negligence - Employer Liability - Burn Injuries
COMES NOW Plaintiff, Charles Daniels, by and through his attorneys, and for his causes of action against Defendants, Patricia Allen and Cooperative Attendant Services, Inc. states as follows:
1. That Plaintiff, Charles Daniels, is an individual residing in the State of
2. Defendant, Cooperative Attendant Services, Inc., is a Missouri Corporation licensed to do business in the State of
3. Defendant, Patricia Allen, is a resident of the State of
4. Venue is proper in St Louis City Circuit Court pursuant to RSMo § 508.040.
COUNT I – NEGLIGENCE AGAINT PATRICIA ALLEN
5. Plaintiff incorporates by reference paragraphs 1 through 4 of this Petition as if fully set forth herein.
6. On or about September 17, 2004, Plaintiff was under the care of Patricia Allen who held herself out as a qualified homecare nurse.
7. While in the care of Defendant, on or about September 17, 2004, Defendant negligently prepared Plaintiff’s shower which caused 2nd and 3rd Degree burns to the Plaintiff’s legs and feet.
8. Defendant owed Plaintiff the duty to act within the ordinary standard of care of home health care nurses, however, Defendant breached that duty and was negligent in the following respects:
A. Defendant failed to properly run the shower;
B. Defendant failed to test the temperature of the shower water;
C. Defendant failed to supervise Plaintiff while preparing the shower;
D. Defendant failed to properly observe the Plaintiff once placed in the shower;
E. Defendant failed to help or prevent further injury once Defendant discovered the shower water was extremely hot and causing burns;
F. Defendant failed to warn Plaintiff regarding the temperature of the water;
G. Defendant failed to take any steps to prevent or mitigate injury to Plaintiff;
H. Defendant failed to renew her CNA certification;
I. Defendant failed to provide a safe environment for Plaintiff;
9. That as the direct and proximate result of the negligence of the Defendant as aforesaid, Plaintiff sustained injuries to his body, specifically, 2nd and 3rd Degree burns to both his legs and feet requiring surgery and extended stays in multiple hospitals. That Plaintiff suffered, suffers and will in the future continue to suffer, great physical pain and disfigurement, mental anguish, medical expenses and future operations.
WHEREFORE, Plaintiff, Charles Daniels, prays for judgment against Defendant, Patricia Allen, in an amount that is fair and reasonable and in excess of Twenty-Five Thousand Dollars ($25,000.00), for costs herein expended and whatever other relief the Court deems just and proper.
COUNT II – COOPERATIVE ATTENTDANT SERVICES
RESPONDEAT
10. Plaintiff incorporates by reference paragraphs 1 through 4 of this Petition and 5 through 9 of Count I of this Petition as if fully set forth herein.
11. On or about September 17, 2004, Plaintiff was under the care of Cooperative Attendant Services, Inc.’s employee and servant Patricia Allen.
12. Patricia Allen was acting within the course, scope, and in furtherance of her employment with Cooperative Attendant Services, Inc.
13. Cooperative Attendant Services, Inc. was negligent in that it failed to ensure adequate training and supervision of its employee and servant Patricia Allen. Specifically:
A. Defendant knew and allowed Patricia Allen to practice as a home care nurse without certification, knowing that her CNA (Certified Nurse Aide) certification had expired in 1986;
B. Defendant allowed Patricia Allen to practice as a home care nurse without proper training pertaining to the care of paralyzed patients;
C. Defendant allowed Patricia Allen to practice as a home care nurse without proper supervision or instruction by a Certified Registered Nurse or Certified Nurse Aide;
14. That as the direct and proximate result of the negligence of Cooperative Attendant Services, Inc. and its employee and servant, Patrica Allen, as aforesaid, Plaintiff sustained injuries to his body, specifically, 2nd and 3rd Degree burns to both his legs and feet requiring surgery and extended stays in multiple hospitals. That Plaintiff suffered, suffers and will in the future continue to suffer, great physical pain and disfigurement, mental anguish, medical expenses and future operations.
WHEREFORE, Plaintiff, Charles Daniels, prays for judgment against Defendant, Cooperative Attendant Services, Inc., in an amount that is fair and reasonable and in excess of Twenty-Five Thousand Dollars ($25,000.00), for costs herein expended and whatever other relief the Court deems just and proper.
Sansone / Lauber, by:
Benjamin J. Sansone, # 53852
Sansone / Lauber
(314) 266-8323
314/726-6087 FAX
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