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Plaintiff alleges Nursing Facility Negligence Against Healthcare Provider

SOUTHEAST TEXAS RECORD

Friday, February 28, 2025

Plaintiff alleges Nursing Facility Negligence Against Healthcare Provider

State Court
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District Courts of Harris County | Official website

In a gripping case that underscores the critical importance of adequate care in nursing facilities, Obadiah Pendleton has filed a lawsuit on behalf of Mary Pendleton against Sharpview SNF Management, LLC. The complaint was lodged in Harris County, Texas, on February 14, 2025, accusing Sharpview Residence and Rehabilitation Center of gross negligence and medical malpractice.

The lawsuit stems from Mary Pendleton's stay at Sharpview Residence and Rehabilitation Center from April 27 to June 5, 2024. During this period, it is alleged that the facility failed to provide the necessary care for Mary Pendleton's complex medical needs following brain surgery and tumor removal. According to the petition, "Defendants failed to properly monitor and care for Mary Pendleton," leading to her suffering a fall, overmedication, malnutrition, pressure ulcers, and severe dehydration. The complaint further details an incident on May 4 when family members discovered a pressure ulcer on Ms. Pendleton’s body that went untreated for days despite assurances from the staff. By May 17, her condition had deteriorated significantly; she was lethargic and had lost substantial weight due to inadequate nutrition and hydration. This neglect culminated in an emergency hospitalization where medical staff noted she would have been nonresponsive by morning if not for timely intervention.

The plaintiffs argue that Sharpview's actions violated several state regulations designed to protect residents of nursing facilities. They assert that the defendants admitted residents whose needs exceeded their capacity to provide care (26 TAC § 554.1921) and failed to maintain sufficient staffing levels (26 TAC §§ 554.1001-554.1002). Moreover, they claim Sharpview did not update Ms. Pendleton’s care plan following significant changes in her condition (26 TAC § 554.803), nor did they maintain accurate clinical records as required by law (26 TAC § 554.1910).

Obadiah Pendleton seeks compensatory damages for past physical pain, mental anguish, disfigurement, physical impairment, and medical expenses incurred due to the alleged negligence. Additionally, he demands punitive damages under Texas Civil Practices & Remedies Code Section 41.001 et seq., arguing that Sharpview’s conduct demonstrated gross negligence with conscious indifference towards Mary Pendleton’s well-being.

Representing the plaintiff are attorneys Dawn M. Smith, Jessica Foster, and Alexander V. Sims from Smith Clinesmith LLP based in Dallas, Texas. The case is presided over by Judge Marilyn Burgess in the District Court of Harris County under Case ID: 2025-10475.

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