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SOUTHEAST TEXAS RECORD

Thursday, November 14, 2024

Plaintiff Alleges Negligence Against Nursing Facility Over Brother’s Care

State Court
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Quince Dawkins has filed a lawsuit against Diversicare Afton Oaks, LLC and its associated entities, alleging severe negligence in the care of his brother, Calvin Dawkins. The complaint was lodged on November 1, 2024, in Harris County, Texas. It accuses Diversicare Afton Oaks Nursing and Rehabilitation Center of failing to provide adequate medical care and supervision to Calvin Dawkins during his stay from January 4 to January 29, 2024.

The plaintiff claims that Calvin Dawkins suffered from multiple serious health conditions, including multiple sclerosis and hypertension, which required specialized care. Despite assurances from the defendants that they were equipped to handle such cases, the facility allegedly failed to prevent the deterioration of pressure wounds and did not provide sufficient nutrition to Calvin Dawkins. This neglect purportedly led to significant pain and suffering for Calvin Dawkins due to an unstageable pressure ulcer caused by malnutrition.

According to the petition, Diversicare Afton Oaks is accused of several breaches of duty under both federal and state laws designed to protect nursing home residents. These include failing to update care plans based on changes in condition, maintaining inadequate staffing levels, and not providing necessary medical oversight. The lawsuit further alleges corporate negligence on the part of Diversicare Management Services LP; Diversicare Health Care Services Inc.; Diversicare Leasing LP; and DAC Acquisitions LLC for their roles in managing the facility's operations.

Quince Dawkins seeks economic damages exceeding the court's minimal jurisdictional amount as well as non-economic damages for his brother's pain and suffering. Additionally, he requests pre-judgment and post-judgment interest along with any other relief deemed appropriate by the court.

Representing Quince Dawkins are attorneys Jessica Foster and Dawn M. Smith from Smith Clinesmith LLP. The case is filed under Case ID 2024-76730 in Harris County's 11th Judicial District Court.

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