Nursing Home Under Fire In Lawsuit

By
Susan Tebben - Athens Messenger staff reporter

Dateline
Updated Wed, Jan 29, 2014 10:30 am

An Albany man is claiming a local nursing home was negligent in caring for him, causing him “to lose his personal dignity and extreme and unnecessary pain, degradation, anguish, and emotional trauma,” according to court documents.

A lawsuit filed against the owners and operators of Hickory Creek of Athens, including nursing home administrator Dave Miller and other unidentified parties from Hickory Creek, says understaffing and supply shortages were to blame for negligent care of residents, including Primmer.

Primmer was 66 years-old when he was admitted to Hickory Creek and was a resident from Sept. 2012 to Jan. 8, 2013. The reason Primmer was admitted was not explained, but because of the actions of the nursing home facility, the lawsuit alleges that Primmer “suffered catastrophic injuries, extreme pain, suffering, and mental anguish.”

The defendants mentioned in the suit were aware of the “dangerous environment” created by their actions, attorney Michael J. Fuller, Jr., wrote in the lawsuit.

The lawsuit charges separate counts of corporate negligence against the facility owners, negligence against the nursing home administrator and the “John Does,” nursing home violations against the unidentified entities, medical malpractice, malice and/or gross negligence, fraud, breach of duty and “premises liability.”

Unnamed “John Does” are named as negligent “with respect to the care and treatment of, or in the staffing, supervision, administration and direction of the care and treatment of John Primmer.” Attorneys were unable to identify the individuals “despite diligent efforts,” the lawsuit states.

The lawsuit asks for the amount of monetary damages to be determined by a jury, litigation fees, and all other costs owed by law to Primmer.

Attempts to reach attorneys or business owners involved were unsuccessful.

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