Lawsuit filed against Extendicare

Extendicare, Inc., the company that formerly owned the Irvine Health and Rehabilitation Center (IHRC), is at the center of yet another lawsuit brought forth by the family of a former patient.
According to the suit filed in Estill County Circuit Court, David Fox, as the administrator of the estate of Linda Fox, who is deceased, is suing Extendicare, several of its subsidiaries and five unnamed employees for acting negligently, tortiously or otherwise wrongfully “with respect to the care, treatment and services to Linda Fox during her residency at IHRC.”
Fox alleges that while his mother was seeking treatment at the facility, the company and its employees failed to provide the proper care, guidance and supervision necessary for her survival.
He alleges the “defendants knew that this facility could not protect the residents’ rights nor provide the minimum standard of care to the weak and vulnerable residents of IHRC, including Linda Fox.”
Fox was admitted as a resident to IHRC, located at 411 Bertha Wallace Drive, on March 18, 2009, and remained a resident there until Dec. 12, 2009. On Dec. 12, 2009, she was transferred to Marcum & Wallace Memorial Hospital where she died later that day.
The suit claims Fox “was unsound of mind” while she was a resident at IHRC and “remained unsound of mind until her death.”
David Fox said his mother’s rights as a resident of IHRC were violated.
Violations of her rights included in the lawsuit were:
•Violation of her right to be suitably dressed at all times and given assistance when needed in maintaining body hygiene and good grooming.
•Violation of her right to have a family member or guardian notified immediately of any accident, sudden illness, disease, unexplained absence or anything unusual.
•Violation of her right to have an adequate and appropriate care plan developed.
•Violation of her right to be free of mental and physical abuse and neglect.
David Fox is seeking punitive and compensatory damages against all of the named defendants in an amount to be determined by the jury.  He alleges his mother ‘suffered unnecessary loss of personal dignity, extreme pain and suffering, degradation, mental anguish, disability, disfigurement and violation of her rights” as a result of the defendant’s actions.