Fall Lawsuit Filed Alleging Wrongful Death against Heartland of Boca Raton

Our experienced nursing home abuse attorneys have filed a local Palm Beach County case on behalf of Ms. Catherine Cory and her survivors. In this lawsuit against Heartland, the Plaintiff alleges that Ms. Cory fell repeatedly without proper interventions or supervision.

Below are the pertinent factual allegations contained in the Complaint for Damages against Heartland of Boca:

Relevant Facts Alleged in the Heartland of Boca Nursing Home Negligence Lawsuit

IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY

CASE NO.:

DEBORA HARDY, as Personal Representative of the Estate of CATHERINE CORY,

Plaintiff,

vs.

HEARTLAND OF BOCA RATON FL, LLC,

Defendant.
_____________________________________/

COMPLAINT

COMES NOW the Plaintiff, DEBORA HARDY, as Personal Representative of the Estate of CATHERINE CORY, by and through undersigned counsel, and sues the Defendant, HEARTLAND OF BOCA FL, LLC (“HEARTLAND 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 HEARTLAND OF BOCA RATON while CATHERINE CORY was a resident at the Defendant’s nursing home, HEARTLAND OF BOCA RATON, located at 7225 Boca Del Mar Drive, Boca Raton, FL 33433 (hereafter “the nursing home” or “the facility”).

. . .

FACTS GIVING RISE TO THIS CAUSE OF ACTION

16. On or about May 15, 2017, CATHERINE CORY was admitted to the Memory Care Unit at HEARTLAND OF BOCA RATON with a prior medical history significant for dementia and history of falling.
17. Upon admission, CATHERINE CORY required extensive supervision and/or assistance with activities of daily living, including but not limited to ambulation, bathing, dressing, toileting and medication management.
18. CATHERINE CORY, now deceased, was known to be a high risk for falls and required appropriate fall precautions and supervision for her safety.
19. Despite her high fall risk classification, proper fall preventative measures were not implemented at HEARTLAND OF BOCA RATON.
20. During her residency at HEARTLAND OF BOCA RATON, CATHERINE CORY suffered multiple preventable falls and corresponding hospitalizations.
21. After each fall and upon readmission to HEARTLAND OF BOCA, proper fall preventative measures were not put in place.
22. Consequently, CATHERINE CORY continued to suffer falls at HEARTLAND OF BOCA RATON.
23. Due to her fall-related injuries, CATHERINE CORY’s underlying health conditions, both physical and mental, were greatly compromised.
24. CATHERINE CORY died shortly thereafter on or around November 17, 2017.

WRONGFUL DEATH DAMAGES

25. CATHERINE CORY wrongfully died on November 17, 2017 as a direct and proximate result of the Defendant’s negligence, more fully described above and below. According to her death certificate, the Cause of Death and Injury Information is as follows:

MANNER OF DEATH: ACCIDENT
CAUSE OF DEATH:

(a) HIP FRACTURE
(b) FALL

As a direct and proximate result of the rights violations outlined above and below, the Estate of CATHERINE CORY and the survivors of the Estate, including but not limited to Debora Hardy (daughter), Susan Rohatsch (daughter), Joann Saffioti (daughter) and Stephanie Schwetz (daughter) are entitled to all damages recoverable for the wrongful death caused by the Defendant, as alleged above and below, including but not limited to:
a. Damages for CATHERINE CORY’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 CATHERINE CORY, 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, CATHERINE CORY, and have incurred medical and funeral expenses as a result of CATHERINE CORY’s death, and have suffered the loss of CATHERINE CORY ’s love and companionship.

. . .

COUNT I:
CORY v. HEARTLAND OF BOCA RATON – WRONGFUL DEATH

1. Plaintiff re-adopts and re-alleges paragraphs 1 through 25 and further alleges:
2. Defendant, HEARTLAND OF BOCA RATON, through its employees, agents and apparent agents were below the standard of care and thus violated the Chapter 400 rights of CATHERINE CORY as follows:
i. Failure to properly and safely assess falls;
ii. Failure to properly and safely prevent falls;
iii. Failure to use a bed alarm and chair alarm in a fall risk resident;
iv. Failure to timely react to the resident’s injuries;
v. Failure to properly evaluate fall risk;
vi. Failure to institute appropriate fall precautions and provide assistive devices;
vii. Failure to appropriately and timely respond to fall precautions;
viii. Failure to prevent the falls of the resident;
ix. Failure to document the resident’s injuries;
x. Failure to inform the resident’s family of the resident’s deteriorated condition;
xi. Failure to monitor the resident;
xii. Failure to appropriate staff and train employees and agents;
xiii. Failure to prevent skin breakdown and infection;
xiv. Failure to provide appropriate nutrition and hydration;
xv. Failure to provide medication when required;
xvi. Failure to provide appropriate budgeting for the subject facility;
xvii. Failure to properly staff the subject facility;

xviii. Failure to provide appropriate policies and procedures to the subject facility; and,
xix. Failure to provide appropriate nursing home care under all the circumstances.

3. The above negligence occurred from the actions and omissions of employees, agents and apparent agents of Defendant, HEARTLAND OF BOCA RATON, while in the course and scope of their employment, agency and/or apparent agency.
4. As a proximate result of the Defendant’s deprivation of and infringement upon CATHERINE CORY ’s Chapter 400 rights as alleged in this Complaint, which includes the above alleged negligence, CATHERINE CORY wrongfully died.
WHEREFORE, the Plaintiff, Estate of CATHERINE CORY, demands judgment for damages against Defendant, HEARTLAND OF BOCA RATON, and further demand a trial by jury of all issues so triable.

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