Reviewed by
Today, our Boca Raton nursing home attorneys filed a lawsuit against Manor Care of Boca Raton alleging nursing home neglect. The lawsuit against Manor Care Boca alleges that Ms. Gjomarkaj suffered a preventable fall within 24 hours of being admitted into the nursing home.
Publicly Filed Complaint vs. Manor Care of Boca Raton
IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY
CASE NO.:
VILMA GJOMARKAJ,
Plaintiff,
vs.
MANOR CARE OF BOCA RATON FL, LLC.
Defendant.
_____________________________________/
COMPLAINT FOR DAMAGES
COMES NOW the Plaintiff, VILMA GJOMARKAJ, by and through undersigned counsel, and sues the Defendant, MANOR CARE OF BOCA RATON FL, LLC (“MANOR CARE OF BOCA RATON”) and alleges:
GENERAL JURISDICTIONAL ALLEGATIONS
1. This is a cause of action for damages, which exceeds Fifteen Thousand Dollars ($15,000.00), exclusive of costs, interest, and attorney’s fees, is being filed within the applicable statute of limitations.
2. All conditions precedent to the filing of this action, including compliance with the notice provisions of Chapter 400, have been met or waived.
3. This action is being brought by the Plaintiff for violations of Chapter 400 against MANOR CARE OF BOCA RATON while VILMA GJOMARKAJ was a resident at the Defendant’s nursing home, MANOR CARE OF BOCA RATON, located at 375 NW 51st Street Boca Raton, Florida (hereafter “the nursing home” or “the facility”).
4. At all times material VILMA GJOMARKAJ was a resident of Palm Beach County, Florida.
5. At all times material, MANOR CARE OF BOCA RATON, was a Florida corporation doing business in Palm Beach County, with a principal place of business in Palm Beach County and an agent in Palm Beach County.
6. At all times material hereto, the Defendant was subject to the provisions of Chapter 400 of Florida Statutes, Titles 10 and 59 of the Florida Administrative Code, and OBRA 1987, which set the standards for operating nursing homes such as this facility.
ALLEGATIONS AGAINST MANOR CARE OF BOCA RATON
7. At all times material hereto, the Defendant, MANOR CARE OF BOCA RATON, was the licensee of the nursing home facility in Palm Beach County, Florida, which was authorized to do business in the State of Florida and to operate a nursing home under the name of MANOR CARE OF BOCA RATON FL, LLC, in Palm Beach County, Florida, and is subject to the provisions of Florida Statutes Chapter 400.
8. At all times material hereto, the Defendant, MANOR CARE OF BOCA RATON employed the nurses and caretakers at the facility, and is therefore responsible for their tortious conduct.
9. At all times material hereto, the Defendant, MANOR CARE OF BOCA RATON, was operating MANOR CARE OF BOCA RATON and/or had a non-delegable duty to ensure reasonable operation of the facility and reasonable care to residents, as the licensee of the facility, licensed as a nursing home as that term is defined in Florida Statutes Chapter 400.
10. MANOR CARE OF BOCA RATON owed a duty to its residents to provide
reasonable care.
FACTS GIVING RISE TO THIS CAUSE OF ACTION
11. VILMA GJOMARKAJ was admitted to the subject MANOR CARE OF BOCA RATON facility on or around February 13, 2019 for assistance with activities of daily living, specifically including but not limited to assistance with fall-prevention, mobility, nutrition and assistance with movement and transfers. This was intended to be a short-term residency only.
12. Upon admission and all times material, VILMA GJOMARKAJ was at risk for falls. She was dependent on MANOR CARE OF BOCA RATON staff for supervision and assistance with standing, given her unsteady gait and impulsiveness.
13. Despite this, the Defendant’s staff neglected VILMA GJOMARKAJ. As a result of said negligence, VILMA GJOMARKAJ fell within 24 hours of admission to the facility.
14. More specifically, on her admission into MANOR CARE OF BOCA RATON, Vilma’s daughter, Anna, stayed with her mother for hours. When Anna had to leave to pick up her child from school, she warned MANOR CARE OF BOCA RATON staff to supervise her mother, as she was confused in her new environment.
15. Anna specifically told MANOR CARE OF BOCA RATON staff that Mom would be impulsive and try to get up and fall. Staff assured Anna that they would keep a staff member close to VILMA GJOMARKAJ until she adjusted to the facility and her new surroundings.
16. Despite these assurances, MANOR CARE OF BOCA RATON staff neglected VILMA GJOMARKAJ and left her unsupervised and unassisted.
17. VILMA GJOMARKAJ fell within an hour of Anna leaving to get her child.
18. Following this, Anna was given conflicting stories as to how and why her mother fell. She was eventually told by management, ‘this just happens’.
19. VILMA GJOMARKAJ was taken to Delray Medical Center where she was diagnosed with a brain bleed from the fall at Manor Care of Boca Raton.
20. VILMA GJOMARKAJ claims all damages recoverable, including bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, expense of hospitalization, medical and nursing care and treatment, and aggravation of a previously existing condition. These damages occurred as a direct and proximate result of the negligence of the Defendant outlined above and below.
COUNT I:
GJOMARKAJ v. MANOR CARE OF BOCA RATON FL, LLC
21. Plaintiff re-adopts and re-alleges paragraphs 1 through 20, and further alleges:
22. Defendant, MANOR CARE OF BOCA RATON, through its employees, agents and apparent agents were below the standard of care and thus violated the Chapter 400 rights of VILMA GJOMARKAJ as follows:
a. Failing to prevent the resident’s falls and provide appropriate supervision;
b. Dropping the resident;
c. Failing to timely react when the resident attempted to get up;
d. Failing to keep proper records relating to VILMA GJOMARKAJ;
e. Failing to report the resident’s injury to his healthcare providers and failure to inform the resident’s family/guardian of VILMA GJOMARKAJ’s deteriorated condition.
f. Failing to comply with the requirements of Title 59 of the Florida Administrative Code and 42 CFR Section 483, which govern nursing homes such as this facility;
g. Failing to provide the level of care, skill, and treatment which in light of relevant surroundings circumstances is recognized as acceptable and appropriate by reasonably prudent similar health care providers; and,
h. Failing to exercise reasonable care under all circumstances.
23. The above negligence occurred from the actions and omissions of employees, agents and apparent agents of Defendant, MANOR CARE OF BOCA RATON, while in the course and scope of their employment, agency and/or apparent agency.
24. Plaintiff alleges all damages recoverable, including but not limited to the non-economic damages for bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, expense of hospitalization, medical and nursing care and treatment, and aggravation of a previously existing condition.
WHEREFORE, the Plaintiff demands judgment for damages against Defendant, MANOR CARE OF BOCA RATON, and further demand a trial by jury of all issues so triable.
DATED this 30th day of July, 2019.
/s/ Michael J. Brevda, Esq.
Michael J. Brevda, Esq.
Florida Bar No.: 084048
SENIOR JUSTICE LAW FIRM
1903 S. Congress Ave, Suite 380
Boynton Beach, Florida 33426
Phone: (561) 717-0813
Fax: (561) 708-6781
Email: eservice@SeniorJustice.com
Attorneys for Plaintiff
Legal Nurse Consultant
