Our West Palm Beach nursing home abuse attorneys recently filed a negligence case against Manor Care. Read the publicly available Complaint below.
Complaint for Damages in Case vs. Manor Care West Palm Beach
IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY
CASE NO.:
CURTIS BROOKS,
Plaintiff,
vs.
MANOR CARE OF W. PALM BEACH FL, LLC d/b/a MANOR CARE CORPORATE and HCR III HEALTHCARE, LLC
Defendants.
_____________________________________
COMPLAINT
COMES NOW the Plaintiff, CURTIS BROOKS, by and through undersigned counsel and power of attorney, and sues the Defendants, MANOR CARE OF W. PALM BEACH FL, LLC (hereinafter referred to as “MANOR CARE WEST PALM BEACH”) and HCR III HEALTHCARE, LLC (hereinafter referred to as “MANOR CARE CORPORATE”) 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 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 CORPORATE and MANOR CARE WEST PALM BEACH while CURTIS BROOKS was a resident at the Defendants’ nursing home located at 2300 Village Blvd in West Palm Beach, Florida (hereafter “the nursing home” or “the facility”).
4. At all times material, CURTIS BROOKS was a resident of Palm Beach County, Florida.
5. At all times material, Cynthia Brooks is the wife of CURTIS BROOKS.
6. At all times material, Cynthia Brooks is Power of Attorney for CURTIS BROOKS.
7. At all times material, MANOR CARE CORPORATE, was a for profit limited liability corporation doing business in Palm Beach County.
8. At all times material, MANOR CARE WEST PALM BEACH, was a for profit corporation doing business in Palm Beach County.
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 reside and operate and do business in Palm Beach County, Florida and the Plaintiff resided in Palm Beach County, Florida at all times material.
10. At all times material hereto, the Defendant facility was subject to the provisions of Chapter 400 of Florida Statutes and the Florida Administrative Code, 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 Defendant facility is a nursing home operated for profit in Palm Beach County with a principal place of business in Palm Beach County.
ALLEGATIONS AGAINST MANOR CARE WEST PALM BEACH
13. At all times material hereto, the Defendant, MANOR CARE WEST PALM BEACH, was the licensee of the nursing home, which was authorized to do business in the State of Florida and to operate an nursing home under the name of “Manor Care of West Palm Beach” and is subject to the provisions of Florida Statutes Chapter 400.
14. At all times material hereto, the Defendant, MANOR CARE WEST PALM BEACH employed the nurses and caretakers at the facility, and is therefore responsible for their tortious conduct.
15. At all times material hereto, the Defendant, MANOR CARE WEST PALM BEACH, was operating the subject 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. MANOR CARE WEST PALM BEACH owed a duty to its residents to provide reasonable care.
ALLEGATIONS AGAINST MANOR CARE CORPORATE
17. At all times material, MANOR CARE CORPORATE, was the management company/manager and/or owner of the subject nursing home.
18. At all times material hereto the Defendant, MANOR CARE CORPORATE, was in the business of owning, managing, and/or maintaining nursing homes and related health care facilities, including the subject facility out of its corporate office.
19. At all times material hereto, the Defendant, MANOR CARE CORPORATE, was operating the subject facility, which was licensed as a nursing home as that term is defined in Florida Statutes Chapter 400, and employed the nurses and caretakers at the facility, and is therefore responsible for their tortious conduct.
20. At all times material hereto, the Defendant, MANOR CARE CORPORATE, was operating and managing 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.
FACTS GIVING RISE TO THIS CAUSE OF ACTION
21. CURTIS BROOKS was admitted to the subject nursing home for care and supervision. At all times material, CURTIS BROOKS required supervision and/or assistance with activities of daily living, including but not limited to ambulation, fall prevention, dressing, toileting, transferring and medication management.
22. CURTIS BROOKS required fall precautions be put in place to prevent him from falling and injuring himself.
23. The Manor Care chart indicates that CURTIS BROOKS was a fall risk during his residency at the facility.
24. Despite this documented fall risk, appropriate fall safety measures were not implemented.
25. As a result, CURTIS BROOKS suffered preventable fall injuries while in the Manor Care facility.
26. CURTIS BROOKS suffered a fall on or around 12-12-2019, resulting in serious injury.
27. Following this fall, Manor Care staff inappropriately picked up CURTIS BROOKS and put him back in the bed, causing further injury.
28. Due to the lack of fall safety measures and inappropriate post-fall conduct, CURTIS BROOKS suffered serious injury, including cervical fracture.
29. These facility acquired injuries continue to plague CURTIS BROOKS to this day.
30. MANOR CARE WEST PALM BEACH, by and through its staff, employees, agents and apparent agents, was negligent by:
i. Failure to properly and safely assess fall risk;
ii. Failure to properly and safely implement fall preventative measures;
iii. Failure to timely react to a resident’s injuries;
iv. Failure to properly and safely prevent injuries in a fall-risk resident;
v. Failure to properly follow orders for a lowered bed;
vi. Failure to use fall injury mitigation tools, like floor mats, side rails, hipsters, non-skid socks, scooped mattress, roll guards, toileting schedule and timely response to resident call bells;
vii. Failure to inform the resident’s family of the resident’s deteriorated condition and/or injuries;
viii. Failure to monitor the resident;
viv. Failure to appropriately staff and train employees and agents;
x. Failure to prevent skin breakdown and infection;
xi. Failure to provide appropriate nutrition and hydration;
xii. Failure to provide medication when required;
xiii. Failure to provide appropriate budgeting for the subject facility;
xiv. Failure to properly staff the subject facility;
xv. Failure to provide appropriate policies and procedures to the subject facility;
xvi. Failure to send to a higher care facility; and,
xvii. Failure to provide appropriate assisted living care under all the circumstances.
31. MANOR CARE CORPORATE, by and through its staff, employees, agents and apparent agents, was negligent by:
i. Failure to properly and safely assess fall risk;
ii. Failure to properly and safely implement fall preventative measures;
iii. Failure to timely react to a resident’s injuries;
iv. Failure to properly and safely prevent injuries in a fall-risk resident;
v. Failure to properly follow orders for a lowered bed;
vi. Failure to use fall injury mitigation tools, like floor mats, side rails, hipsters, non-skid socks, scooped mattress, roll guards, toileting schedule and timely response to resident call bells;
vii. Failure to inform the resident’s family of the resident’s deteriorated condition and/or injuries;
viii. Failure to monitor the resident;
viv. Failure to appropriately staff and train employees and agents;
x. Failure to prevent skin breakdown and infection;
xi. Failure to provide appropriate nutrition and hydration;
xii. Failure to provide medication when required;
xiii. Failure to provide appropriate budgeting for the subject facility;
xiv. Failure to properly staff the subject facility;
xv. Failure to provide appropriate policies and procedures to the subject facility;
xvi. Failure to send to a higher care facility; and,
xvii. Failure to provide appropriate assisted living care under all the circumstances.
32. As a result of these failures, CURTIS BROOKS experienced injury, including but not limited to cervical fracture.
COUNT I – BROOKS VS. MANOR CARE WEST PALM BEACH
33. Plaintiff re-alleges paragraphs 1 through 32 and further alleges:
34. At all material times Defendant, MANOR CARE WEST PALM BEACH represented to the public, including the Plaintiff, that it had the expertise to provide nursing home care within the applicable standard of care.
35. At all material times the Defendant, MANOR CARE WEST PALM BEACH, owed a duty to its resident, CURTIS BROOKS, to provide reasonable nursing home care that included supervising and monitoring residents, implementing measures to ensure the safety of residents, implementing fall safety measures, responding to resident requests, and providing proper assessments for CURTIS BROOKS.
36. At all material times the persons responsible for initiating and implementing these duties owed to CURTIS BROOKS were employees, agents and/or apparent agents of Defendant, MANOR CARE WEST PALM BEACH.
37. At all material times the persons responsible for the aforementioned duties were in the course and scope of their employment, agency and/or apparent agency during the aforementioned negligent acts.
38. As a direct and proximate result of the tortious conduct of MANOR CARE WEST PALM BEACH and its employees, agents and apparent agents, CURTIS BROOKS suffered 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 WEST PALM BEACH, and demands trial by jury as to all issues triable.
COUNT II – BROOKS VS. MANOR CARE CORPORATE
39. Plaintiff re-alleges paragraphs 1 through 32 and further alleges:
40. At all material times Defendant, MANOR CARE CORPORATE represented to the public, including the Plaintiff, that it had the expertise to provide nursing home care within the applicable standard of care.
41. At all material times the Defendant, MANOR CARE CORPORATE, owed a duty to its resident, CURTIS BROOKS, to provide reasonable nursing home care that included supervising and monitoring residents, implementing measures to ensure safety of residents, implementing fall safety measures, responding to resident requests, adequately budgeting for the facility, providing appropriate policies and procedures for the facility and providing proper assessments for CURTIS BROOKS.
42. At all material times the persons responsible for initiating and implementing these duties owed to for CURTIS BROOKS were employees, agents and/or apparent agents of Defendant, MANOR CARE CORPORATE.
43. At all material times the persons responsible for the aforementioned duties were in the course and scope of their employment, agency and/or apparent agency during the aforementioned negligent acts.
44. As a direct and proximate result of the tortious conduct of MANOR CARE CORPORATE and its employees, agents and apparent agents, for CURTIS BROOKS suffered 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(s) demand judgment for damages against Defendant, MANOR CARE CORPORATE, and demands trial by jury as to all issues triable.
DATED this 19th day of May, 2020.
Michael J. Brevda, Esq.
Michael J. Brevda
Florida Bar No.: 084048
William J. Sarubbi, II
Florida Bar No.: 113401
SENIOR JUSTICE LAW FIRM
