Patient Fall Case Filed Against Abbey Delray
Recently, our Delray Beach nursing home abuse attorneys filed a patient fall lawsuit against Abbey Delray.
Abbey Delray is a nursing home located off Lowson Boulevard in Delray Beach, Florida. The sprawling long term care campus offers assisted living, memory care and skilled nursing. The below lawsuit filed against Abbey Delray is alleging negligence that occurred in the skilled nursing portion of the facility.
Complaint in the Pending Nursing Home Negligence Case vs. Abbey Delray
IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY
LIFESPACE COMMUNITIES, INC. d/b/a ABBEY DELRAY
COMES NOW the Plaintiff, PLAINTIFF, by and through undersigned counsel, and sue the Defendant, LIFESPACE COMMUNITIES, INC. d/b/a ABBEY DELRAY (hereafter “ABBEY DELRAY NURSING HOME”) and alleges:
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 and pre-suit requirements of Chapter 400, have been met or waived.
3. This negligence action is being brought by the Plaintiff for violations of Chapter 400 against ABBEY DELRAY NURSING HOME while PLAINTIFF was a resident at the Defendant nursing home, ABBEY DELRAY NURSING HOME located at in Delray Beach in Palm Beach County, Florida (hereafter “the nursing home” or “the facility”).
4. At all times material PLAINTIFF was a resident of Palm Beach County, Florida.
5. At all times material, ABBEY DELRAY NURSING HOME, was a corporation doing business in Palm Beach County, serving as the legal licensee for the Palm Beach County facility, with an agent in Palm Beach County.
6. ABBEY DELRAY NURSING HOME committed tortious acts against PLAINTIFF in the State of Florida. Each tortious act is specifically alleged in the subsequent counts. Accordingly, ABBEY DELRAY NURSING HOME is subject to the jurisdiction of the court of the State of Florida.
7. At all times material hereto, the Defendant is 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.
8. 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, the Plaintiff resides in Palm Beach County and/or one or more of the Defendant(s) operate and do business in Palm Beach County, Florida.
9. The undersigned certifies a good faith basis for bringing this action.
ALLEGATIONS AGAINST ABBEY DELRAY NURSING HOME
10. At all times material hereto, the Defendant, ABBEY DELRAY NURSING HOME, was the licensee of the nursing home facility, which was authorized to do business in the State of Florida and principal place of business in Palm Beach County and to operate a nursing home under the name of ‘Abbey Delray’ and is subject to the provisions of Florida Statutes, Chapter 400.
11. At all times material hereto, the Defendant, ABBEY DELRAY NURSING HOME employed the nurses and caretakers at the facility, and is therefore responsible for their tortious conduct.
12. At all times material hereto, the Defendant, ABBEY DELRAY NURSING HOME, 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.
13. At all times material hereto, ABBEY DELRAY NURSING HOME owed a duty to its residents, including PLAINTIFF to exercise reasonable care in its operation of the subject nursing home according to §400.023(3), Florida Statutes.
FACTS GIVING RISE TO THIS CAUSE OF ACTION
14. PLAINTIFF was admitted to ABBEY DELRAY NURSING HOME for short-term rehabilitation and assistance with all activities of daily living.
15. Upon admission to the subject facility, PLAINTIFF was at all times a high fall risk and required appropriate fall precautions, including extensive assistance with supervision, ambulation, toileting, medication management and transfers.
16. Prior to his admission to the subject facility, PLAINTIFF suffered a fall and required rehabilitation for a previously fractured hip. At all material times, PLAINTIFF could not ambulate without assistance.
17. Despite his high fall risk and classification, proper fall preventative measures were not implemented at ABBEY DELRAY NURSING HOME.
18. During his residency at ABBEY DELRAY NURSING HOME, PLAINTIFF suffered preventable fall(s) resulting in serious injuries, including but not limited to a severe hip fracture on or about May 8, 2018.
19. Post-fall, PLAINTIFF was admitted to Delray Medical Center and required surgery for his fall-related injuries.
20. Due to his facility-acquired injuries, PLAINTIFF, underlying health conditions, both physical and mental, have been greatly compromised.
21. These injuries continue to plague PLAINTIFF today.
22. As a proximate result, Plaintiff suffered bodily injury and resulting pain and suffering, mental anguish, loss of capacity for the enjoyment of life, past, present, and future emotional and physical distress, extreme emotional mental and psychological injury, embarrassment, humiliation, shame, disability, physical injury, aggravation of a preexisting condition, medical and home health aide bills, all of which exist to this day and will continue in the future.
23. These damages occurred as a direct and proximate result of the negligence of the Defendant outlined above and below.
PLAINTIFF v. ABBEY DELRAY NURSING HOME – CHAPTER 400 VIOLATIONS
24. Plaintiff re-adopts and re-alleges paragraphs 1 through 23 and further alleges:
25. Defendant, ABBEY DELRAY NURSING HOME, through its employees, agents and apparent agents were below the standard of care, negligent, and thus violated the Chapter 400 rights of PLAINTIFF as follows:
i. Dropping the resident;
ii. Failing to intervene when Mr. Plaintiff got up out of his bed and/or wheelchair;
iii. Failing to keep the resident in his bed and/or wheelchair;
iv. Failure to properly evaluate fall risk;
v. Failure to institute appropriate fall precautions and provide assistive devices;
vi. Failure to appropriately and timely respond to fall precautions;
vii. Failure to appropriately use resident alarms;
viii. Failure to prevent the fall(s) of the resident;
ix. Failure to monitor the resident when he stood up in his chair;
x. Failure to supervise and/or provide fall-preventative equipment;
xi. Failure to appropriately chart and create required incident reports;
xii. Failure to properly catheterize the resident;
xiii. Failing to treat the resident for injuries;
xiv. Failure to document the resident’s injuries;
xv. Failure to report the resident’s injuries;
xvi. Failure to inform the resident’s family of the resident’s injuries and deteriorated condition;
xvii. Failing to timely recognize signs and symptoms of infection and UTI;
xviii. Failing to keep surgical wounds and open areas clean and free of infection;
xix. Failure to monitor the resident;
xx. Failure to appropriate staff and train employees and agents;
xxi. Failure to provide appropriate budgeting for the subject facility;
xxii. Failure to properly staff the subject facility;
xxiii. Failure to provide appropriate policies and procedures to the subject facility;
xxiv. Failure to prevent skin breakdown, pressure ulcers and infection;
xxv. Failure to prevent provide appropriate nutrition and hydration;
xxvi. Failure to provide outside consultation with physicians and specialists; and,
xxvii. Failure to provide appropriate nursing home care under all the circumstances.
26. The above negligence occurred from the actions and omissions of employees, agents and apparent agents of Defendant, ABBEY DELRAY NURSING HOME, while in the course and scope of their employment, agency and/or apparent agency.
WHEREFORE, the Plaintiff, PLAINTIFF, demands judgment for damages against Defendant, ABBEY DELRAY NURSING HOME, and further demands a trial by jury of all issues so triable.
DATED this 25th day of March, 2019.
/ s/ William J. Sarubbi II
William J. Sarubbi, II, Esq.
Florida Bar No.: 113401
SENIOR JUSTICE LAW FIRM
1903 S. Congress Ave.
Boynton Beach, FL 33426
Phone: (561) 717-0813
Fax: (561) 708-6781
Attorneys for Plaintiff