Amaro v. Northbridge Health Care Ctr., Inc., 2007 Conn. Super. LEXIS 454 (Conn. Super. Ct. 2007)

Defendants filed motions to strike two counts in Plaintiff’s complaint, alleging recklessness in the care and treatment of the decedent, as well as, a violation of Conn. General Statutes § 19a-550(b)(10). The motions were denied. As part of Plaintiff’s negligence claim, Plaintiff alleged that “defendants failed to properly care for, assess and/or treat the decedent’s bilateral heel ulcers, coccyx pressure sore, skin tears and the surgical incision to the decedent’s left hip; failed to ensure that the decedent was free from unnecessary drugs; failed to take reasonable care in determining the cause of the decedent’s elevated blood glucose levels; failed to properly recognize the signs and symptoms of an infectious process; failed to provide a proper work-up in light of the decedent’s complaints; failed to timely order blood cultures; and failed to timely refer the decedent to a hospital emergency room or other competent medical provider.” No additional facts were pled regarding the additional counts and Defendants contended the allegations were, at best, sufficient to support a negligence claim and should be stricken. Plaintiff responded that Defendants had knowledge of the resident’s condition and that their knowledge and disregard of her condition supported the action for recklessness. In light of the allegation of knowledge and disregard, the Court found the allegations sufficient to support the cause of action and denied Defendant’s motion to strike.