Maryville Manor resident claims foot infection

One of Maryville Manor's former residents has filed suit against the nursing home, claiming employees at the facility did not care for a decubitus ulcer he developed in his left foot and allowed him to suffer a fall.

Elmer P. Malter Jr. filed a lawsuit June 12 in Madison County Circuit Court against Illini Manors, doing business as Maryville Manor, and unknown defendants who own the company.

Malter says he was admitted to Maryville Manor on June 21, 2007, after having a partial left hip replacement.

During the 83-year-old's stay at Maryville Manor, he developed decubitus ulcers on his left foot.

On July 3, 2007, employees at Maryville Manor received a phone call from Dr. Hsieh, who instructed them to treat Malter's ulcer with DuoDerm every three days and to apply a multipodus boot to Malter's left foot, according to the complaint.

Despite the doctor's orders, employees did not provide the treatment, the suit states.

On July 9, 2007, Malter had an infection on his left heel and it was reported that antibiotics were started, Malter says.

Employees also failed to provide Malter with proper assistance, safety restraints and bed rails, causing him to fall out of his bed on July 13, 2007. He was evaluated at Anderson Hospital where doctors determined he injured his hips, legs and arms, the complaint says.

Malter says he underwent a debridement of necrotic tissue by a wound consultant on July 19, 2007.

On July 25, 2007, employees at Maryville Manor finally applied the boot to Malter's foot, the complaint says.

Because of his treatment at Maryville Manor, Malter says he sustained bruising, contusions and injuries to his left lower leg, hip and arm and suffered pain of the body and mind. He also incurred medical costs and his ability to enjoy life has been impaired, the complaint says.

In the three-count suit, Malter is seeking actual costs, punitive damages of more than $200,000 and a judgment of more than $100,000, court costs and attorney's fees.

Mark L. Floyd of The Floyd Law Firm in St. Louis will be representing him.

Madison County Circuit Court case number: 09-L-627.