Two separate lawsuits have recently been filed against Phaire's Care, an assisted living facility located in South Carolina. The first lawsuit is a wrongful death claim alleging that Carlton Phaire, the owner of the facility, was transporting patients when he was involved in a car accident that led to the death of a patient. The second lawsuit is a medical malpractice claim, alleging that a patient passed away because she was not given proper medical care and treatment during her stay at Phaire's Care. Both lawsuits are brought by the estates of the deceased allege negligence against the owner of Phaire's Care and seek damages for pain and suffering, medical expenses, and funeral expenses.
In what could be used as supporting evidence for the negligence claims, the facility has a past record of medical policy violations and has received multiple citations from the state of South Carolina.
Wrongful Death Claim
The wrongful death lawsuit filed against the owner of Phaire's Care alleges that the victim died of her accident-related injuries and claims that the accident was caused by Phaire's negligence. According to the lawsuit, Phaire was transporting three Phaire's Care patients on March 1, 2017, when the accident occurred. Phaire's failure to maintain the vehicle's brakes, failure to yield to traffic, failure to maintain an appropriate speed, and failure to take evasive action to avoid a collision contributed to the cause of the accident.
As a result of the accident, the victim allegedly suffered from physical pain and suffering, mental anguish, loss of enjoyment of life and died as a result of accident-related injuries on March 11, 2017. The lawsuit also mentions that the patients were improperly transported by Phaire, but does not elaborate on this claim.
Medical Malpractice Claim
The medical malpractice lawsuit was filed against Phaire's Care owner and claims that the defendant failed to provide the victim with proper care and medical treatment, resulting in her death. The victim was admitted to Phaire's Care on September 1, 2015, and three weeks later she was found to be suffering from Stage III and Stage IV skin wounds. The victim died in December 2015.
The lawsuit claims Phaire's Care acted negligently in its failure to provide oversight for the victim's safety, failure to implement standard skin care techniques, and the failure to have sufficient and properly trained staff to care for residents. The victim incurred medical expenses, experienced pain and suffering and mental anguish and a reduced quality of life prior to her death.
According to the South Carolina Department of Health and Environmental Control, Phaire's Care was previously cited for medical policy violations. These violations included instances of medication not being properly administered to patients, failure to feed residents properly, and failing to keep accurate patient records.