Lawsuit Filed Against Negligent Boynton Beach Nursing Home

Recently, our Boynton Beach nursing home abuse lawyers filed a negligence lawsuit against a local nursing home. The publicly filed Complaint for Damages is copied below with names redacted.

Facts of the Case

An elderly female resident was completely bed-bound and unable to move herself in bed. There is no physical way she could get out of bed, fall, then place herself back in bed. One day, an outside hospice nurse called the family to inform them that their Mom’s leg was injured. The leg was swollen and painful to the touch. The nursing home staff assured the family that Mom had a blood clot, or fragile bones. It turns out their Mom suffered an unexplained traumatic fracture, possibly due to nursing home staff dropping the patient. The Complaint alleges both wrongful death and survival damages.

A Complaint for Damages in a Florida Nursing Home Abuse Case

IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY   CASE NO.:
REDACTED REDACTED and REDACTED REDACTED as Co-Personal Representatives of the Estate of REDACTED REDACTED,   Plaintiff,   vs.   NURSING HOME FL, LLC, and NURSING HOME CORPORATE.     Defendants. _____________________________________/

 

COMPLAINT

COMES NOW the Plaintiff, REDACTED REDACTED and REDACTED REDACTED as Co-Personal Representatives of the Estate of REDACTED REDACTED, by and through her undersigned attorneys, and sue the Defendants NURSING HOME FL, LLC (“LOCAL NURSING HOME”) and NURSING HOME CORPORATE (“CORPORATE NURSING HOME OWNER”), 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 LOCAL NURSING HOME and CORPORATE NURSING HOME OWNER while REDACTED REDACTED was a resident at the Defendants’ nursing home, LOCAL NURSING HOME located at ADDRESS of facility (hereafter “the nursing home” or “the facility”).
4. At all times material REDACTED REDACTED was a resident of Palm Beach County, Florida.
5. At all times material, LOCAL NURSING HOME, 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. At all times material, CORPORATE NURSING HOME OWNER, was a foreign for-profit corporation, authorized and doing business in Palm Beach County.
7. At all times material hereto, the Defendants were 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 LOCAL NURSING HOME

8. At all times material hereto, the Defendant, LOCAL NURSING HOME, was the licensee of the nursing home facility in Boynton Beach, Florida, which was authorized to do business in the State of Florida and to operate a nursing home under the name of NURSING HOME FL, LLC, in Palm Beach County, Florida, and is subject to the provisions of Florida Statutes Chapter 400.
9. At all times material hereto, the Defendant, LOCAL NURSING HOME employed the nurses and caretakers at the facility, and is therefore responsible for their tortious conduct.
10. At all times material hereto, the Defendant, LOCAL NURSING HOME, was operating LOCAL NURSING HOME 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.
11. LOCAL NURSING HOME owed a duty to its residents to provide reasonable care.

ALLEGATIONS AGAINST CORPORATE NURSING HOME OWNER

12. At all times material, CORPORATE NURSING HOME OWNER, was the management company/manager and/or owner of the subject nursing home.
13. At all times material hereto the Defendant, CORPORATE NURSING HOME OWNER, was in the business of owning, managing, and/or maintaining nursing and convalescent homes and related health care facilities, including the facility located in Palm Beach County, Florida.
14. At all times material hereto, the Defendant, CORPORATE NURSING HOME OWNER, was operating the subject facility, which was licensed as a nursing home as that term is defined in Florida Statutes Chapter 400.
15. At all times material hereto, the Defendant, CORPORATE NURSING HOME OWNER, was operating Local Nursing Home 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.
16. CORPORATE NURSING HOME OWNER had the right to control the nursing home’s operations, including but not limited to the facility’s policies, procedures, budget, staffing and employee training.
17. During REDACTED REDACTED’s residency, CORPORATE NURSING HOME OWNER owned, managed, operated and/or had the right to control the nursing home and its staff. Therefore, CORPORATE NURSING HOME OWNER is responsible for any actions or omissions of the nursing home’s employees, agents or apparent agents.
18. CORPORATE NURSING HOME OWNER owed a duty to its residents to provide reasonable care.

FACTS GIVING RISE TO THIS CAUSE OF ACTION

19. REDACTED REDACTED was admitted to the subject facility on or about July 18, 2014. She was admitted for assistance with activities of daily living.
20. After her admission to the facility, REDACTED REDACTED’s condition deteriorated. She was unable to ambulate at all and was totally wheelchair bound. She required total assistance from staff for any kind of movement. She could not get out of bed without staff assistance.
21. On or about May 2, 2016, the Redacted family received a call from VITAS, informing them that Mom was screaming in pain. The family immediately rushed over to the  facility and confirmed she was in a great deal of acute pain in her right leg.
22. The doctor performed an x-ray which confirmed Ms. Redacted suffered a fracture in her right femur.  staff and management told the family the fracture was from REDACTED REDACTED’s brittle bones, and not from trauma.
23. Only after retrieving the records did the family learn that Ms. Redacted suffered a comminuted fracture of her right femur due to trauma.
24. Despite her fall risk classification, proper fall preventative measures were not in place and Redacted Redacted suffered an unwitnessed fall and/or was dropped by staff on or around late April or early May of 2016. Redacted suffered in pain due to the unreported fall/drop incident. Subsequent radiology confirms that Redacted’s fracture was traumatically-induced.
25. REDACTED REDACTED died on March 12, 2017.

Wrongful Death Damages

26. REDACTED REDACTED wrongfully died on March 12, 2017 as a direct and proximate result of the Defendants’ negligence, more fully described above and below.
27. As a direct and proximate result of the rights violations outlined above and below, the Estate of REDACTED REDACTED and the survivors of the Estate, including but not limited to Ed and Redacted Redacted (sons), are entitled to all damages recoverable for the wrongful death caused by the Defendants, as alleged above and below, including but not limited to:
28. Damages for REDACTED REDACTED’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 REDACTED REDACTED, medical and nursing care and treatment and aggravation of previous existing conditions, from the time of her injury until the time of her death;
29. Medical bills and expenses;
30. Funeral expenses;
31. Loss of Net Accumulations;
32. Ed and Redacted Redacted and the other children 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 mother, REDACTED REDACTED, and have incurred medical and funeral expenses as a result of REDACTED REDACTED’s death, and have suffered the loss of REDACTED REDACTED’s love and companionship.

Survival Damages

28. Alternatively, if these injuries did not cause REDACTED REDACTED’s death, the Estate of REDACTED 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 REDACTED REDACTED 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:

REDACTED v. NURSING HOME FL, LLC – WRONGFUL DEATH

29. Plaintiff re-adopts and re-alleges paragraphs 1 through 27 and further alleges:
30. Defendant, LOCAL NURSING HOME, through its employees, agents and apparent agents were below the standard of care and thus violated the Chapter 400 rights of REDACTED REDACTED as follows:
31. Failing to appropriately assess and screen REDACTED REDACTED as a potential fall risk resident;
32. Failing to provide appropriate intervention to prevent falls;
33. Dropping REDACTED REDACTED;
34. Causing injury to REDACTED REDACTED’s femur through trauma;
35. Failing to report trauma sustained by the resident;
36. Failing to prevent skin breakdown;
37. Failing to properly communicate with REDACTED REDACTED and/or her family about the development of pressure sores;
38. Failing to keep proper records relating to REDACTED REDACTED;
39. 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;
40. 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,
41. Failing to exercise reasonable care under all circumstances.
42. The above negligence occurred from the actions and omissions of employees, agents and apparent agents of Defendant, LOCAL NURSING HOME, 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 REDACTED REDACTED’s Chapter 400 rights as alleged in this Complaint, which includes the above alleged negligence, REDACTED REDACTED wrongfully died.

WHEREFORE, the Plaintiff, REDACTED REDACTED, demand judgment for damages against Defendant, LOCAL NURSING HOME, and further demand a trial by jury of all issues so triable.

COUNT II:

REDACTED v. CORPORATE NURSING HOME OWNER – WRONGFUL DEATH

33. Plaintiff re-adopts and re-alleges paragraphs 1 through 27 and further alleges:
34. Defendant, CORPORATE NURSING HOME OWNER, through its employees, agents and apparent agents were below the standard of care and thus violated the Chapter 400 rights of REDACTED REDACTED as follows:
35. Failing to appropriately assess and screen REDACTED REDACTED as a potential fall risk resident;
36. Failing to provide appropriate intervention to prevent falls;
37. Dropping REDACTED REDACTED;
38. Causing injury to REDACTED REDACTED’s femur through trauma;
39. Failing to report trauma sustained by the resident;
40. Failing to prevent skin breakdown;
41. Failing to properly staff and budget for this facility;
42. Failing to keep proper records relating to REDACTED REDACTED;
43. 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;
44. 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,
45. Failing to exercise reasonable care under all circumstances.
46. The above negligence occurred from the actions and omissions of employees, agents and apparent agents of Defendant, CORPORATE NURSING HOME OWNER, while in the course and scope of their employment, agency and/or apparent agency.
47. As a proximate result of the Defendant’s deprivation of and infringement upon REDACTED REDACTED’s Chapter 400 rights as alleged in this Complaint, which includes the above alleged negligence, REDACTED REDACTED wrongfully died.

WHEREFORE, the Plaintiff, REDACTED REDACTED, demand judgment for damages against Defendant, CORPORATE NURSING HOME OWNER, and further demand a trial by jury of all issues so triable.

COUNT III:

REDACTED v. NURSING HOME FL, LLC – SURVIVAL ACTION

37. Plaintiff re-adopts and re-alleges paragraphs 1 through 25, 28 and further alleges:
38. Defendant, LOCAL NURSING HOME, through its employees, agents and apparent agents were below the standard of care and thus violated the Chapter 400 rights of REDACTED REDACTED as follows:
39. Failing to appropriately assess and screen REDACTED REDACTED as a potential fall risk resident;
40. Failing to provide appropriate intervention to prevent falls;
41. Dropping REDACTED REDACTED;
42. Causing injury to REDACTED REDACTED’s femur through trauma;
43. Failing to report trauma sustained by the resident;
44. Failing to prevent skin breakdown;
45. Failing to properly communicate with REDACTED REDACTED and/or her family about the development of pressure sores;
46. Failing to keep proper records relating to REDACTED REDACTED;
47. 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;
48. 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,
49. Failing to exercise reasonable care under all circumstances.
50. The above negligence occurred from the actions and omissions of employees, agents and apparent agents of Defendant, LOCAL NURSING HOME, 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 REDACTED REDACTED, 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 REDACTED REDACTED to the time of her death.

WHEREFORE, the Plaintiff, REDACTED REDACTED, demand judgment for damages against Defendant, LOCAL NURSING HOME, and further demand a trial by jury of all issues so triable.

COUNT IV:

REDACTED v. CORPORATE NURSING HOME OWNER – SURVIVAL ACTION

41. Plaintiff re-adopts and re-alleges paragraphs 1 through 25, 28 and further alleges:
42. Defendant, CORPORATE NURSING HOME OWNER, through its employees, agents and apparent agents were below the standard of care and thus violated the Chapter 400 rights of REDACTED REDACTED as follows:
43. Failing to appropriately assess and screen REDACTED REDACTED as a potential fall risk resident;
44. Failing to provide appropriate intervention to prevent falls;
45. Dropping REDACTED REDACTED;
46. Causing injury to REDACTED REDACTED’s femur through trauma;
47. Failing to report trauma sustained by the resident;
48. Failing to prevent skin breakdown;
49. Failing to properly staff and budget for the subject facility;
50. Failing to keep proper records relating to REDACTED REDACTED;
51. 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;
52. 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,
53. Failing to exercise reasonable care under all circumstances.
54. The above negligence occurred from the actions and omissions of employees, agents and apparent agents of Defendant, CORPORATE NURSING HOME OWNER, while in the course and scope of their employment, agency and/or apparent agency.
55. This Count is being pleaded in the alternative to the above wrongful death Count. If these injuries did not cause the death of REDACTED REDACTED, 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 REDACTED REDACTED to the time of her death.

WHEREFORE, the Plaintiff, REDACTED REDACTED, demand judgment for damages against Defendant, CORPORATE NURSING HOME OWNER, and further demand a trial by jury of all issues so triable.

DATED this  6th  day of  June, 2017.

/s/ Michael J. Brevda

Michael J. Brevda Florida Bar No.: 084048 Senior Justice Law Firm 33 S.E. 5th Street, Suite 105 Boca Raton, Florida 33432 Phone: (561) 717-0817 Fax: (561) 708-6781 Email: eservice@SeniorJustice.com Attorneys for Plaintiff

 

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