Wrongful Death Complaint

IN THE CIRCUIT COURT FOR PRINCE GEORGE’S COUNTY, MARYLAND

JOSEPHINE J. JONES, :
Individually, And As Personal :
Representative Of The Estate of JOSEPH :
J. JONES :
125683 Nowhere St. :
Lanham, Maryland 20706 :
and :
JOSEPH J. JONES, JR., A Minor, :
By and Through His Mother And Next :
Friend, JOSEPHINE J. JONES :
125683 Nowhere St. :
Lanham, Maryland 20706 :
:
Plaintiffs :
:
v. : Case No.:
:
WASHINGTON FOUNDATION
HEALTH PLAN :
OF THE MID-ATLANTICE STATES, INC.:
47581 East Jefferson Street :
Rockville, Maryland 20852 :
Serve: Prentice Hall Systems, Maryland :
11 Chase Street, Suite 9 :
Baltimore, Maryland 21202 :
:
and :
:
WASHINGTON MEDICAL GROUP :
47581 East Jefferson Street :
Rockville, Maryland 20852 :
Serve: Prentice Hall Systems, Maryland :
11 Chase Street, Suite 9 :
Baltimore, Maryland 21202 :
:
Defendants :

COMPLAINT

COME NOW the Plaintiffs, Josephine J. Jones, Individually and As Personal Representative of the Estate of Joseph J. Jones, and Joseph J. Jones, Jr., A Minor, by and through his mother and next friend, Josephine J. Jones, by and through their attorneys, Foran & Foran, P.A., and respectfully sues the Defendant Health Care Providers, Washington Foundation Health Plan Of The Mid-Atlantic States, Inc. and Washington Medical Group, and for cause of action state as follows:

1. The amount in controversy exceeds the jurisdictional limit of the District Court of Maryland.
2. Venue is proper in Prince George’s County, Maryland.
3. The Plaintiff, Josephine J. Jones, is an adult resident of Prince George’s County, Maryland and is the duly appointed Personal Representative of the Estate of Joseph J. Jones, Deceased.
4. The Plaintiff, Joseph J. Jones, Jr., by and through his mother and next friend, Josephine J. Jones, is a minor resident of Prince George’s County, Maryland.
5. The Defendant Health Care Provider, Washington Foundation Health Plan Of The Mid-Atlantic States, Inc., is a corporation licensed to do business in the State of Maryland and one which holds itself out to the community as a provider of health care services.
6. The Defendant Health Care Provider, Washington Medical Group, is a professional corporation, partnership and/or legal entity that is affiliated with the Defendant, Washington Foundation Health Plan Of The Mid-Atlantic States, Inc., and which provides it with its trained and licensed health care providers, particularly its physicians and physician extenders.
7. At all times relevant to the cause of action asserted herein, the Plaintiffs’ Decedent, Joseph J. Jones, was an active and participating member of the Defendant health care delivery system and received all of his medical care, particularly the medical care at issue herein, by the said Defendants and/or under the direct supervision and control of the Defendants.
8. After a prolonged period of quiescence, the Decedent, Joseph J. Jones, experienced a sudden and severe exacerbation of asthma in the fall of 2002 and began seeing health care providers at Washington Foundation on November 8, 2002. He was seen on numerous occasions, always by a different health care provider, from November 8, 2002 through December 11, 2002.
9. The health care providers at Washington Foundation, apparently due to the delivery of fragmented health care as well as underlying clinical deficiencies, failed to appreciate and recognize the severity and life threatening potential of the recent onset and exacerbation of the Decedent’s asthma. As a consequence, he was not referred to a pulmonologist as required by the standard of care and a definitive plan of treatment was not established.
10. As a direct and proximate result of the Defendants’ failure to recognize, appreciate and act upon the severe and life threatening exacerbation of the Decedent’s underlying asthma, he was allowed to leave the Washington Clinic on December 11, 2002 without a definitive and satisfactory plan of treatment to include a maintenance dose of steroid medication. Thereafter he collapsed suddenly at his place of employment on December 29, 2002 and was pronounced dead on admission to Prince George’s Hospital Center on the same date.
11. At all times herein relevant, the Plaintiffs’ Decedent, Joseph J. Jones, husband of the Plaintiff, Josephine J. Jones, and father of the minor Plaintiff, Joseph J. Jones, Jr., was under medical care, treatment and management of the Defendant Health Care Providers, Washington Foundation Health Plan Of The Mid-Atlantic States, Inc. as well as its agents, servants and/or employees and Washington Medical Group as well as its agents, servants and/or employees.
12. The agents, servants and/or employees of the Defendant Health Care Providers undertook to examine and treat the Plaintiffs’ Decedent. They thereby agreed to provide, and a duty to provide, medical care consistent with the standard of care expected and required of reasonably prudent and reasonably competent health care providers under the circumstances then existing. Unfortunately, they did not. The Defendant Health Care Providers, acting by and through their agents, servants, and/or employees were negligent and failed to conform their conduct to the standard of care expected and required of reasonably prudent and competent health care providers in the following particulars, among others:
    1. Failure to appreciate and recognize the severity of the Decedent’s exacerbation of his underlying asthma condition and treat it accordingly;
    2. Failure to refer the Plaintiffs’ Decedent to a pulmonologist for further work up and management;
    3. Failure to aggressively treat the Decedent’s severe exacerbation of asthma;
    4. Failure to establish an appropriate, aggressive and consistent plan of action in the face of a severe, life threatening exacerbation of asthma;
    5. The negligent provision of fragmented medical care;
    6. Failure to place the Decedent on a maintenance dose of steroids to prevent a sudden and uncontrolled asthma exacerbation which could, and in this case did, result in the patient’s death;
    7. Failure to provide the Plaintiffs’ Decedent with a legally competent and required informed consent concerning the risks and alternatives to the inadequate treatment he was provided;
    8. These Defendants were otherwise negligent.

COUNT I

(Medical Negligence - Survival)

13. The Plaintiff, Josephine J. Jones, as Personal Representative of the Estate of the Decedent, Joseph J. Jones, adopts and incorporates all facts and allegations set forth above as if fully repeated below and further avers as follows:
14. Josephine J. Jones is the legally appointed Personal Representative of the Estate of the Decedent, Joseph J. Jones, and is entitled therefore and charged by law to represent the Estate and to sue on its behalf for any sums which may be due to it as either liquidated or unliquidated damages.
15. At all times hereinabove stated, the Defendants, Washington Foundation Health Plan Of The Mid-Atlantic States, Inc. and Washington Medical Group, breached the standard of care to which they were held under Maryland law required of reasonably competent and reasonably prudent health care providers under the same or similar circumstances.
16. As a direct and proximate result of the aforesaid acts of negligence, the Deceased, Joseph J. Jones, was caused to suffer extensive mental and physical pain and suffering, resulting fear, anguish, turmoil and ultimately was caused to suffer a frightening, painful and premature death. He suffered a loss of the enjoyment of life as well as all other damages recoverable under the Survival Act in Maryland.
17. As a further direct and proximate result of the aforesaid acts of negligence and as a direct and proximate result of the Decedent’s injuries and subsequent death, his Estate has incurred substantial medical expenses, loss of earnings as well as funeral and burial expenses and other related costs.
    WHEREFORE, the Plaintiff, Josephine J. Jones, as Personal Representative of the Estate of Joseph J. Jones, demands judgment from and against the Defendant Health Care Providers, Washington Foundation Health Plan Of The Mid-Atlantic States, Inc. and Washington Medical Group, jointly and severally, in an amount in excess of the jurisdictional limit of the District Court of Maryland together with the costs of this action and any other and further relief deemed just and proper.

COUNT II

(Medical Negligence - Wrongful Death)

18. The Plaintiff, Josephone J. Jones, individually, adopts and incorporates all of the facts and allegations set forth above as if fully repeated below and further avers as follows:
19. That as a direct and proximate result of the above described negligent acts, the Decedent, Joseph J. Jones, suffered an untimely death on December 29, 2002.
20. As a direct and proximate result of the wrongful death of the Decedent, the Plaintiff, Josephine J. Jones, his lawfully wedded wife, has been deprived of the Decedent’s society, companionship, comfort, protection, care, advice, attention, counsel, support, financial support, economic loss, guidance and suffered and continues to suffer mental anguish and emotional pain and suffering as well as all other damages recoverable under the wrongful death act of Maryland.
    WHEREFORE, the Plaintiff, Josephine J. Jones, individually, demands judgment from and against the Defendant Health Care Providers, Washington Foundation Health Plan Of The Mid-Atlantic States, Inc. and Washington Medical Group, jointly and severally, in an amount in excess of the jurisdictional limit of the District Court of Maryland together with the costs of this action and any other and further relief deemed just and proper.

COUNT III

(Medical Negligence - Wrongful Death)

21. The Plaintiff, Joseph J. Jones, Jr., a minor, by and through his mother and next friend, Josephine J. Jones, incorporates all facts and allegations set forth above as if fully repeated below and further avers as follows:
22. As a direct and proximate result of the above described negligent acts the Decedent, Joseph J. Jones, suffered an untimely death on December 29, 2002.
23. As a direct and proximate result of the wrongful death of Joseph J. Jones, the Plaintiff, Joseph J. Jones, Jr., his natural son, has been deprived of his father’s society, companionship, comfort, protection, care, advice, attention, counsel, support, financial support, economic loss, guidance and suffered and continues to suffer mental anguish and emotional pain and suffering as well as all other damages recoverable under the wrongful death act of Maryland.
    WHEREFORE, the Plaintiff, Joseph J. Jones, Jr., a minor, by and through his mother and next friend, Josephine J. Jones, demands judgment from and against the Defendant Health Care Providers, Washington Foundation Health Plan Of The Mid-Atlantic States, Inc. and Washington Medical Group, jointly and severally, in an amount in excess of the jurisdictional limit of the District Court of Maryland together with the costs of this action and any other relief deemed just and proper.

Respectfully Submitted,

Foran & foran, P.A.

By:
John R. Foran, Esquire
6301 Ivy Lane, Suite 600
Greenbelt, MD 20770
(301) 441-2022

REQUEST FOR JURY TRIAL

COME NOW the Plaintiffs, Josephine J. Jones, Individually and As Personal Representative of the Estate of Joseph J. Jones, and Joseph J. Jones, Jr., A Minor, by and through his mother and next friend, Josephine J. Jones, by and through their attorneys, FORAN & FORAN, P.A., and respectfully request a jury trial on all above-referenced matters.

John R. Foran