Recently, our Boynton Beach nursing home abuse attorneys filed a lawsuit against Boynton Beach Rehabilitation Center. In the publicly filed Complaint, allegations of nursing home negligence were made against Boynton Beach Rehab’s staff.
A full copy of the Complaint can be read below, or by accessing the Palm Beach County Clerk of Court.
If you have a potential case against a Boynton Beach nursing home or assisted living facility, let our skilled, local elder abuse attorneys help you on your quest for justice.
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Lawsuit Against Boynton Beach Rehab
IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY
CASE NO.:
MARIO LEO, as Personal Representative of the Estate of CONNIE LEO,
Plaintiff,
vs.
SOVEREIGN HEALTHCARE OF BOYNTON BEACH LLC, and SOUTHERN HEALTHCARE MANAGEMENT LLC,
Defendant(s).
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COMPLAINT
COMES NOW the Plaintiff, MARIO LEO, as Personal Representative of the Estate of CONNIE LEO, by and through undersigned counsel, and sues the Defendants, SOVEREIGN HEALTHCARE OF BOYNTON BEACH LLC (hereinafter referred to as “BOYNTON BEACH REHABILITATION CENTER”) and SOUTHERN HEALTHCARE MANAGEMENT LLC 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.
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 BOYNTON BEACH REHABILITATION CENTER and SOUTHERN HEALTHCARE MANAGEMENT while CONNIE LEO was a resident at the Defendants’ nursing home (hereafter “the nursing home” or “the facility”).
4. At all times material, MARIO LEO has been appointed as Personal Representative of the Estate of CONNIE LEO, and is the proper party to bring this action on behalf of the estate and its survivors. See Exhibit “A”; Letters of Administration for the Estate of Connie Leo.
5. At all times material, BOYNTON BEACH REHABILITATION CENTER, was a Florida for-profit 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. BOYNTON BEACH REHABILITATION CENTER committed tortious acts against CONNIE LEO in the State of Florida. Each tortious act is specifically alleged in the subsequent counts. Accordingly, BOYNTON BEACH REHABILITATION CENTER is subject to the jurisdiction of the court of the State of Florida.
7. At all times material, SOUTHERN HEALTHCARE MANAGEMENT, was a Florida for-profit corporation doing business in Palm Beach County.
8. SOUTHERN HEALTHCARE MANAGEMENT committed tortious acts against CONNIE LEO in the State of Florida. Each tortious act is specifically alleged in the subsequent counts. Accordingly, SOUTHERN HEALTHCARE MANAGEMENT is subject to the jurisdiction of the court of the State of Florida.
9. Venue is appropriate in this action as the events giving rise to the cause of action occurred in Palm Beach County, Florida, the subject facility is located in Palm Beach County, Florida, one of more of the Defendants operate and do business in Palm Beach County, Florida and the Plaintiff resides in Palm Beach County, Florida.
10. At all times material hereto, the Defendants were subject to the provisions of Chapter 400 of Florida Statutes, Title 42 of the Code of Federal Regulations, Titles 10 and 59 of the Florida Administrative Code, and OBRA 1987, which set the standards for operating nursing homes such as this facility.
11. This Complaint is being filed within the applicable statute of limitations period.
12. The undersigned certifies a good faith basis for bringing this action.
ALLEGATIONS AGAINST BOYNTON BEACH REHABILITATION CENTER
13. At all times material hereto, the Defendant, BOYNTON BEACH REHABILITATION CENTER, was the licensee of the nursing home facility, which was authorized to do business in the State of Florida and to operate a nursing home under the name of Boynton Beach Rehabilitation Center and is subject to the provisions of Florida Statutes Chapter 400.
14. At all times material hereto, the Defendant, BOYNTON BEACH REHABILITATION CENTER employed the nurses and caretakers at the facility, and is therefore responsible for their tortious conduct.
15. At all times material hereto, the Defendant, BOYNTON BEACH REHABILITATION CENTER, was operating the facility 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.
16. At all times material hereto, BOYNTON BEACH REHABILITATION CENTER owed a duty to its residents, including CONNIE LEO, to exercise reasonable care in its operation of the subject nursing home according to §400.023(3), Florida Statutes.
ALLEGATIONS AGAINST SOUTHERN HEALTHCARE MANAGEMENT
17. At all times material, the Defendant, SOUTHERN HEALTHCARE MANAGEMENT, was the management/consulting company, manager and/or owner of the subject nursing home.
18. At all times material hereto, the Defendant, SOUTHERN HEALTHCARE MANAGEMENT, was in the business of owning, managing, and/or maintaining nursing and convalescent homes and related health care facilities, including the subject facility.
19. At all times material hereto, the Defendant, SOUTHERN HEALTHCARE MANAGEMENT, was operating the Defendants’ facility and/or had a non-delegable duty to ensure reasonable operation of the facility and reasonable care to residents, as the management company for the facility, which was licensed as a nursing home as that term is defined in Florida Statutes Chapter 400.
20. At all times material hereto, the Defendant, SOUTHERN HEALTHCARE MANAGEMENT owned, operated, managed and controlled the nursing home’s operations, including but not limited to hiring/firing the facility’s administrator and/or director of nursing, employee training, staffing levels, budget and the facility’s policies and procedures in accordance with §400.023(2)(b), Florida Statutes.
21. During CONNIE LEO’s residency, the Defendant, SOUTHERN HEALTHCARE MANAGEMENT owned, operated, managed and controlled the nursing home and its staff. Therefore, SOUTHERN HEALTHCARE MANAGEMENT is responsible for any actions or omissions of the nursing home’s employees, agents or apparent agents.
22. SOUTHERN HEALTHCARE MANAGEMENT owned, operated, managed, controlled and oversaw BOYNTON BEACH REHABILITATION CENTER and as such, owed a duty to CONNIE LEO to exercise reasonable care according to §400.023(3), Florida Statutes.
FACTS GIVING RISE TO THIS CAUSE OF ACTION
23. On or about May 10, 2016, CONNIE LEO was admitted to BOYNTON BEACH REHABILITATION CENTER with a prior medical history significant for dementia, history of falling, unsteady gait and incontinence.
24. Upon admission, CONNIE LEO required extensive supervision and/or assistance with activities of daily living, including but not limited to ambulation, bathing, dressing, toileting and medication management.
25. At all material times, CONNIE LEO was a high fall risk and required appropriate fall precautions, adequate staff numbers to supervise her, appropriate fall preventative procedures in place and including extensive assistance with ambulation.
26. Despite her high fall risk classification, appropriate staff numbers were not present and proper fall preventative measures were not implemented at the Defendants’ facility.
27. During her residency at BOYNTON BEACH REHABILITATION CENTER, CONNIE LEO suffered multiple preventable falls and corresponding hospitalizations.
28. After each fall and upon readmission to BOYNTON BEACH REHABILITATION CENTER, proper fall preventative measures were not put in place.
29. Consequently, CONNIE LEO continued to suffer falls at BOYNTON BEACH REHABILITATION CENTER.
30. Not surprisingly, CONNIE LEO suffered a preventable fall on or around July 20, 2017, resulting in a traumatically-induced upper arm fracture and an emergent hospitalization. Ms. Leo was also diagnosed with an acute urinary tract infection.
31. Due to her facility-acquired injuries, CONNIE LEO’s underlying health conditions, both physical and mental, were greatly compromised.
32. CONNIE LEO died shortly thereafter on or around August 22, 2017.
WRONGFUL DEATH DAMAGES
33. CONNIE LEO wrongfully died on August 22, 2017 as a direct and proximate result of the Defendants’ negligence, more fully described above and below.
34. As a direct and proximate result of the rights violations outlined above and below, the Estate of CONNIE LEO and the survivors of the Estate, including but not limited to Mario Leo (son) and Frank Leo (son) are entitled to all damages recoverable for the wrongful death caused by the Defendants, as alleged above and below, including but not limited to:
a. Damages for CONNIE LEO’s bodily injury, pain and suffering, disability, disfigurement, mental anguish, loss of the capacity for the enjoyment of life, expensive hospitalization, the value of reasonable nursing services and nursing care provided to CONNIE LEO, medical and nursing care and treatment and aggravation of previous existing conditions, from the time of her injury until the time of her death;
b. Medical bills and expenses;
c. Funeral expenses;
d. Loss of Net Accumulations;
e. The survivors of the deceased have suffered mental pain and suffering which will continue for the rest of their life, and they have suffered the loss of services and support of their loved one, CONNIE LEO, and have incurred medical and funeral expenses as a result of CONNIE LEO’s death, and have suffered the loss of CONNIE LEO ’s love and companionship.
SURVIVAL DAMAGES
35. Alternatively, if these injuries did not cause CONNIE LEO’s death, the Estate of CONNIE LEO claims all damages recoverable under a survival action, including but not limited to the non-economic and economic damages of the decedent 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, from time of injury of CONNIE LEO to the time of her death. These survival damages occurred as a direct and proximate result of the negligence of the Defendants’ outlined above and below.
COUNT I:
LEO v. BOYNTON BEACH REHABILITATION CENTER – WRONGFUL DEATH
36. Plaintiff re-adopts and re-alleges paragraphs 1 through 34 and further alleges:
37. Defendant, BOYNTON BEACH REHABILITATION CENTER, through its employees, agents and apparent agents were below the standard of care and thus violated the Chapter 400 rights of CONNIE LEO as follows:
i. Failure to properly evaluate fall risk;
ii. Failure to properly and safely assess falls;
iii. Failure to properly and safely prevent falls;
iv. Failure to institute appropriate fall precautions and provide assistive devices;
v. Failure to appropriately and timely respond to fall precautions;
vi. Failure to appropriately use resident alarms;
vii. Failure to prevent the falls of the resident;
viii. Failure to document the resident’s injuries and falls;
ix. Failure to report the resident’s fall injuries;
x. Failure to inform the resident’s family of the resident’s deteriorated condition;
xi. Failure to monitor the resident;
xii. Failure to timely react to the resident’s injuries;
xiii. Failure to prevent infection and UTI;
xiv. Failure to provide appropriate catheter care;
xv. Failure to prevent provide appropriate nutrition and hydration;
xvi. Failure to prevent abuse of the resident;
xvii. Failure to appropriate staff and train employees and agents;
xviii. Failure to provide appropriate policies and procedures to the subject facility;
xix. Failure to provide appropriate budgeting for the subject facility;
xx. Failure to properly staff the subject facility;
xxi. Failure to provide medication when required; and,
xxii. Failure to provide appropriate nursing home care under all the circumstances.
38. The above negligence occurred from the actions and omissions of employees, agents and apparent agents of Defendant, BOYNTON BEACH REHABILITATION CENTER, while in the course and scope of their employment, agency and/or apparent agency.
39. As a proximate result of the Defendant’s deprivation of and infringement upon CONNIE LEO’s Chapter 400 rights as alleged in this Complaint, which includes the above alleged negligence, CONNIE LEO wrongfully died.
WHEREFORE, the Plaintiff, Estate of CONNIE LEO, demands judgment for damages against Defendant, BOYNTON BEACH REHABILITATION CENTER, and further demand a trial by jury of all issues so triable.
COUNT II:
LEO v. SOUTHERN HEALTHCARE MANAGEMENT – WRONGFUL DEATH
40. Plaintiff re-adopts and re-alleges paragraphs 1 through 34 and further alleges:
41. Defendant, SOUTHERN HEALTHCARE MANAGEMENT, through its employees, agents and apparent agents were below the standard of care and thus violated the Chapter 400 rights of CONNIE LEO as follows:
i. Failure to properly evaluate fall risk;
ii. Failure to properly and safely assess falls;
iii. Failure to properly and safely prevent falls;
iv. Failure to institute appropriate fall precautions and provide assistive devices;
v. Failure to appropriately and timely respond to fall precautions;
vi. Failure to appropriately use resident alarms;
vii. Failure to prevent the falls of the resident;
viii. Failure to document the resident’s injuries and falls;
ix. Failure to report the resident’s fall injuries;
x. Failure to inform the resident’s family of the resident’s deteriorated condition;
xi. Failure to monitor the resident;
xii. Failure to timely react to the resident’s injuries;
xiii. Failure to prevent infection and UTI;
xiv. Failure to provide appropriate catheter care;
xv. Failure to prevent provide appropriate nutrition and hydration;
xvi. Failure to prevent abuse of the resident;
xvii. Failure to appropriate staff and train employees and agents;
xviii. Failure to provide appropriate policies and procedures to the subject facility;
xix. Failure to provide appropriate budgeting for the subject facility;
xx. Failure to properly staff the subject facility;
xxi. Failure to provide medication when required; and,
xxii. Failure to provide appropriate nursing home care under all the circumstances.
42. The above negligence occurred from the actions and omissions of employees, agents and apparent agents of Defendant, SOUTHERN HEALTHCARE MANAGEMENT, while in the course and scope of their employment, agency and/or apparent agency.
43. As a proximate result of the Defendant’s deprivation of and infringement upon CONNIE LEO’s Chapter 400 rights as alleged in this Complaint, which includes the above alleged negligence, CONNIE LEO wrongfully died.
WHEREFORE, the Plaintiff, Estate of CONNIE LEO, demands judgment for damages against Defendant, SOUTHERN HEALTHCARE MANAGEMENT, and further demand a trial by jury of all issues so triable.
COUNT III:
LEO v. BOYNTON BEACH REHAB CENTER – SURVIVAL ACTION
44. Plaintiff re-adopts and re-alleges paragraphs 1 through 32 and 35 and further alleges:
45. Defendant, BOYNTON BEACH REHABILITATION CENTER, through its employees, agents and apparent agents were below the standard of care and thus violated the Chapter 400 rights of CONNIE LEO as follows:
i. Failure to properly evaluate fall risk;
ii. Failure to properly and safely assess falls;
iii. Failure to properly and safely prevent falls;
iv. Failure to institute appropriate fall precautions and provide assistive devices;
v. Failure to appropriately and timely respond to fall precautions;
vi. Failure to appropriately use resident alarms;
vii. Failure to prevent the falls of the resident;
viii. Failure to document the resident’s injuries and falls;
ix. Failure to report the resident’s fall injuries;
x. Failure to inform the resident’s family of the resident’s deteriorated condition;
xi. Failure to monitor the resident;
xii. Failure to timely react to the resident’s injuries;
xiii. Failure to prevent infection and UTI;
xiv. Failure to provide appropriate catheter care;
xv. Failure to prevent provide appropriate nutrition and hydration;
xvi. Failure to prevent abuse of the resident;
xvii. Failure to appropriate staff and train employees and agents;
xviii. Failure to provide appropriate policies and procedures to the subject facility;
xix. Failure to provide appropriate budgeting for the subject facility;
xx. Failure to properly staff the subject facility;
xxi. Failure to provide medication when required; and,
xxii. Failure to provide appropriate nursing home care under all the circumstances.
46. The above negligence occurred from the actions and omissions of employees, agents and apparent agents of Defendant, BOYNTON BEACH REHABILITATION CENTER, while in the course and scope of their employment, agency and/or apparent agency.
47. This Count is being pleaded in the alternative to the above wrongful death Count. If these injuries did not cause the death of CONNIE LEO , the Plaintiff alleges all damages recoverable under a survival action, including but not limited to the non-economic damages of decedent 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, from time of injury of CONNIE LEO to the time of her death.
WHEREFORE, the Plaintiff, Estate of CONNIE LEO, demands judgment for damages against Defendant, BOYNTON BEACH REHABILITATION CENTER, and further demand a trial by jury of all issues so triable.
COUNT IV:
LEO v. SOUTHERN HEALTHCARE MANAGEMENT – SURVIVAL ACTION
48. Plaintiff re-adopts and re-alleges paragraphs 1 through 32 and 35 and further alleges:
49. Defendant, SOUTHERN HEALTHCARE MANAGEMENT, through its employees, agents and apparent agents were below the standard of care and thus violated the Chapter 400 rights of CONNIE LEO as follows:
i. Failure to properly evaluate fall risk;
ii. Failure to properly and safely assess falls;
iii. Failure to properly and safely prevent falls;
iv. Failure to institute appropriate fall precautions and provide assistive devices;
v. Failure to appropriately and timely respond to fall precautions;
vi. Failure to appropriately use resident alarms;
vii. Failure to prevent the falls of the resident;
viii. Failure to document the resident’s injuries and falls;
ix. Failure to report the resident’s fall injuries;
x. Failure to inform the resident’s family of the resident’s deteriorated condition;
xi. Failure to monitor the resident;
xii. Failure to timely react to the resident’s injuries;
xiii. Failure to prevent infection and UTI;
xiv. Failure to provide appropriate catheter care;
xv. Failure to prevent provide appropriate nutrition and hydration;
xvi. Failure to prevent abuse of the resident;
xvii. Failure to appropriate staff and train employees and agents;
xviii. Failure to provide appropriate policies and procedures to the subject facility;
xix. Failure to provide appropriate budgeting for the subject facility;
xx. Failure to properly staff the subject facility;
xxi. Failure to provide medication when required; and,
xxii. Failure to provide appropriate nursing home care under all the circumstances.
50. The above negligence occurred from the actions and omissions of employees, agents and apparent agents of Defendant, SOUTHERN HEALTHCARE MANAGEMENT, while in the course and scope of their employment, agency and/or apparent agency.
51. This Count is being pleaded in the alternative to the above wrongful death Count. If these injuries did not cause the death of CONNIE LEO , the Plaintiff alleges all damages recoverable under a survival action, including but not limited to the non-economic damages of decedent 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, from time of injury of CONNIE LEO to the time of her death.
WHEREFORE, the Plaintiff, the Estate of CONNIE LEO, demands judgment for damages against Defendant, SOUTHERN HEALTHCARE MANAGEMENT, and further demand a trial by jury of all issues so triable.
DATED this 11th day of December, 2018.
/s/ William J. Sarubbi, II, Esq.
WILLIAM J. SARUBBI, II, ESQ.
Florida Bar No.: 113401
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
Attorney for Plaintiff
