The children of a man who received at-home care filed a wrongful death lawsuit claiming the treatment significantly increased the patient’s risk of infection and death.

The Case: Barends v. Accentcare, Inc.

The Court: Commonwealth of Pennsylvania Court of Common Pleas Philadelphia County

The Case No.: 230401540

The Plaintiff: Barends v. Accentcare, Inc.

The plaintiff in the case, Barends, is the daughter of the deceased Mr. Weller and the executor of his estate. Barends filed a wrongful death lawsuit on April 17, 2023, in the Pennsylvania Court of Common Pleas for Philadelphia County, alleging malpractice. She brought the action for herself and her brother, Bruce Weller. The plaintiffs allege that the defendant was negligent in the care provided to their father, Richard Weller, resulting in additional injury and complications that caused or substantially increased his risk of harm, injury, infection, and death.

The Defendant: Barends v. Accentcare, Inc.

The defendants in the case, Accentcare Inc., Southeastern Health Services of Pennsylvania LLC, and others, face a wrongful death lawsuit filed in April 2023 in Pennsylvania Court. The plaintiff in the case accuses the defendant of medical malpractice leading to wrongful death. AccentCare owns and operates Southeastern Health Services of Pennsylvania LLC. The company provides on-site care to residents and home health, palliative, and hospice care to patients throughout Philadelphia County. Richard Weller was referred to the defendant for home health care services and supportive care in July 2021 for medical conditions and a pressure wound.

The Case: Barends v. Accentcare, Inc.

In Barends v. Accentcare, Inc., the plaintiff lays out the initial visit of the defendant’s health professional and the proposed care to be provided to Mr. Weller. The lawsuit outlines numerous claims of negligence in Mr. Weller’s care, including:

1. Failing to inform the patient of alternatives to the Foley catheter and failing to properly gain the patient’s consent to its use

2. Failing to make a reasonable effort to use less invasive methods before turning to the Foley catheter

3. Failing to accurately gauge the risk of the Foley catheter for a high-risk patient and failing to ensure the patient’s safety before placing the device

4. Failing to use the initially recommended and agreed upon external condom catheter for urinary control

5. Failing to obtain appropriate consultations/assistance in connection to the patient’s co-morbidities to ensure his safety

6. Improperly recommending and placing the Foley catheter

7. Misplacing/malpositioning the Foley catheter

8. Failing to maintain a sterile field during placement

9. Failing to properly insert and position the Foley catheter

10. Failing to use the proper technique to place and secure the catheter, fill the catheter balloon, check proper positioning, test the catheter’s function after insertion, secure the catheter in place to avoid dislodgment, monitor the catheter for proper function, inspect the catheter for malposition, provide proper training to home caregivers, keep proper records of placement and monitoring of catheter, and follow procedures and policies in place for patient safety

If you have questions about how to file a California wrongful death lawsuit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced wrongful death attorneys are ready to assist you in various law firm offices in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.