Lawsuit Filed vs. Manor Care Boynton Beach

Lawsuit Filed vs. Manor Care Boynton Beach for Wrongful Death

Manor Care Boynton Beach Lawsuit Filed Alleging Undocumented Falls, Fractures and Wrongful Death

Senior Justice Law Firm recently filed a Florida nursing home negligence lawsuit against Manor Care of Boynton Beach. Our client, now deceased, was bed-bound and unable to move on her own. This means should could not walk. She could not even roll herself out of bed. Sadly, she cannot speak either. Mysteriously, she suffered an unexplained femur fracture without any reported fall incident. Our expert witness believes staff was transferring her and dropped her, breaking her leg bone. The physicians at Delray Medical Center told the family that their Mom suffered a comminuted femur fracture due to trauma. In other words, Mom’s fractured leg was not due to osteoporosis or the normal aging process.

Seeking justice, the family retained our Boynton Beach nursing home abuse law firm to pursue the case.

Manor Care Boynton Beach Nursing Home Negligence Lawsuit

Our lawyers regularly sue Manor Care for nursing home negligence, along with many other large chain nursing homes. In this specific case, our lawyers sued Manor Care of Boynton Beach, LLC (the licensee of the individual facility) and HCR III Healthcare, LLC (the corporate owner).

If you have more questions on a potential nursing home abuse lawsuit, contact our lawyers today for your free case consultation: 561-717-0817.

Complaint Filed Against Manor Care of Boynton Beach

Below is a copy of the Complaint filed in Palm Beach County Circuit Court:

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

CASE NO.:

JOSE REDACTED and EDUARDO REDACTED as Co-Personal Representatives of the Estate of ALICIA REDACTED,

Plaintiffs,

vs.

MANOR CARE OF BOYNTON BEACH FL, LLC, and HCR III HEALTHCARE, LLC.

Defendants.

_____________________________________/

 

COMPLAINT AGAINST MANOR CARE BOYNTON BEACH FOR DAMAGES

COME NOW the Plaintiffs, JOSE REDACTED and EDUARDO REDACTED as Co-Personal Representatives of the Estate of ALICIA REDACTED, by and through undersigned counsel, and sue the Defendants, MANOR CARE OF BOYNTON BEACH FL, LLC (“MANOR CARE BOYNTON BEACH”) and HCR III HEALTHCARE, LLC (“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 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 MANOR CARE BOYNTON BEACH and MANOR CARE CORPORATE while ALICIA REDACTED was a resident at the Defendants’ nursing home, MANOR CARE BOYNTON BEACH located at 3001 S. Congress Ave., Boynton Beach, Palm Beach County, Florida (hereafter “the nursing home” or “the facility”).
  4. At all times material ALICIA REDACTED was a resident of Palm Beach County, Florida.
  5. At all times material, MANOR CARE BOYNTON BEACH, 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, MANOR CARE CORPORATE, 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 MANOR CARE BOYNTON BEACH

  1. At all times material hereto, the Defendant, MANOR CARE BOYNTON BEACH, 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 MANOR CARE OF BOYNTON BEACH FL, LLC, in Palm Beach County, Florida, and is subject to the provisions of Florida Statutes Chapter 400.
  2. At all times material hereto, the Defendant, MANOR CARE BOYNTON BEACH employed the nurses and caretakers at the facility, and is therefore responsible for their tortious conduct.
  3. At all times material hereto, the Defendant, MANOR CARE BOYNTON BEACH, was operating MANOR CARE BOYNTON BEACH 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.
  4. MANOR CARE BOYNTON BEACH owed a duty to its residents to provide reasonable care.

ALLEGATIONS AGAINST MANOR CARE CORPORATE

  1. At all times material, MANOR CARE CORPORATE, was the management company/manager and/or owner of the subject nursing home.
  2. At all times material hereto the Defendant, MANOR CARE CORPORATE, 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.
  3. 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.
  4. At all times material hereto, the Defendant, MANOR CARE CORPORATE, was operating Manor Care Boynton Beach 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.
  5. MANOR CARE CORPORATE 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.
  6. During ALICIA REDACTED’s residency, MANOR CARE CORPORATE owned, managed, operated and/or had the right to control the nursing home and its staff. Therefore, MANOR CARE CORPORATE is responsible for any actions or omissions of the nursing home’s employees, agents or apparent agents.
  7. MANOR CARE CORPORATE owed a duty to its residents to provide reasonable care.

FACTS GIVING RISE TO THIS CAUSE OF ACTION

  1. ALICIA REDACTED was admitted to the subject Manor Care facility on or about July 18, 2014. She was admitted for assistance with activities of daily living.
  2. After her admission to the facility, ALICIA 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.
  3. 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 Manor Care facility and confirmed she was in a great deal of acute pain in her right leg.
  4. The doctor performed an x-ray which confirmed Ms. REDACTED suffered a fracture in her right femur. Manor Care staff and management told the family the fracture was from ALICIA REDACTED’s brittle bones, and not from trauma.
  5. Only after retrieving the records did the family learn that Ms. REDACTED suffered a comminuted fracture of her right femur due to trauma.
  6. Despite her fall risk classification, proper fall preventative measures were not in place and Alicia REDACTED suffered an unwitnessed fall and/or was dropped by staff on or around late April or early May of 2016. Alicia suffered in pain due to the unreported fall/drop incident. Subsequent radiology confirms that Alicia’s fracture was traumatically-induced.
  7. ALICIA REDACTED died on March 12, 2017.

Wrongful Death Damages

  1. ALICIA REDACTED wrongfully died on March 12, 2017 as a direct and proximate result of the Defendants’ negligence, more fully described above and below.
  2. As a direct and proximate result of the rights violations outlined above and below, the Estate of ALICIA REDACTED and the survivors of the Estate, including but not limited to Ed and Jose 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:
  3. Damages for ALICIA 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 ALICIA 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;
  4. Medical bills and expenses;
  5. Funeral expenses;
  6. Loss of Net Accumulations;
  7. Ed and Jose 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, ALICIA REDACTED, and have incurred medical and funeral expenses as a result of ALICIA REDACTED’s death, and have suffered the loss of ALICIA REDACTED’s love and companionship.

Survival Damages

  1. Alternatively, if these injuries did not cause ALICIA REDACTED’s death, the Estate of ALICIA JIMINEZ 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 ALICIA 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. MANOR CARE OF BOYNTON BEACH FL, LLC – WRONGFUL DEATH

  1. Plaintiff re-adopts and re-alleges paragraphs 1 through 27 and further alleges:
  2. Defendant, MANOR CARE BOYNTON BEACH, through its employees, agents and apparent agents were below the standard of care and thus violated the Chapter 400 rights of ALICIA REDACTED as follows:
  3. Failing to appropriately assess and screen ALICIA REDACTED as a potential fall risk resident;
  4. Failing to provide appropriate intervention to prevent falls;
  5. Dropping ALICIA REDACTED;
  6. Causing injury to ALICIA REDACTED’s femur through trauma;
  7. Failing to report trauma sustained by the resident;
  8. Failing to prevent skin breakdown;
  9. Failing to properly communicate with ALICIA REDACTED and/or her family about the development of pressure sores;
  10. Failing to keep proper records relating to ALICIA REDACTED;
  11. 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;
  12. 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,
  13. Failing to exercise reasonable care under all circumstances.
  14. The above negligence occurred from the actions and omissions of employees, agents and apparent agents of Defendant, MANOR CARE BOYNTON BEACH, while in the course and scope of their employment, agency and/or apparent agency.
  15. As a proximate result of the Defendant’s deprivation of and infringement upon ALICIA REDACTED’s Chapter 400 rights as alleged in this Complaint, which includes the above alleged negligence, ALICIA REDACTED wrongfully died.

WHEREFORE, the Plaintiff, ALICIA REDACTED, demand judgment for damages against Defendant, MANOR CARE BOYNTON BEACH, and further demand a trial by jury of all issues so triable.

COUNT II:  REDACTED v. MANOR CARE CORPORATE – WRONGFUL DEATH

  1. Plaintiff re-adopts and re-alleges paragraphs 1 through 27 and further alleges:
  2. Defendant, MANOR CARE CORPORATE, through its employees, agents and apparent agents were below the standard of care and thus violated the Chapter 400 rights of ALICIA REDACTED as follows:
  3. Failing to appropriately assess and screen ALICIA REDACTED as a potential fall risk resident;
  4. Failing to provide appropriate intervention to prevent falls;
  5. Dropping ALICIA REDACTED;
  6. Causing injury to ALICIA REDACTED’s femur through trauma;
  7. Failing to report trauma sustained by the resident;
  8. Failing to prevent skin breakdown;
  9. Failing to properly staff and budget for this facility;
  10. Failing to keep proper records relating to ALICIA REDACTED;
  11. 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;
  12. 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,
  13. Failing to exercise reasonable care under all circumstances.
  14. The above negligence occurred from the actions and omissions of employees, agents and apparent agents of Defendant, MANOR CARE CORPORATE, while in the course and scope of their employment, agency and/or apparent agency.
  15. As a proximate result of the Defendant’s deprivation of and infringement upon ALICIA REDACTED’s Chapter 400 rights as alleged in this Complaint, which includes the above alleged negligence, ALICIA REDACTED wrongfully died.

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

COUNT III:  REDACTED v. MANOR CARE OF BOYNTON BEACH FL, LLC – SURVIVAL ACTION

  1. Plaintiff re-adopts and re-alleges paragraphs 1 through 25, 28 and further alleges:
  2. Defendant, MANOR CARE BOYNTON BEACH, through its employees, agents and apparent agents were below the standard of care and thus violated the Chapter 400 rights of ALICIA REDACTED as follows:
  3. Failing to appropriately assess and screen ALICIA REDACTED as a potential fall risk resident;
  4. Failing to provide appropriate intervention to prevent falls;
  5. Dropping ALICIA REDACTED;
  6. Causing injury to ALICIA REDACTED’s femur through trauma;
  7. Failing to report trauma sustained by the resident;
  8. Failing to prevent skin breakdown;
  9. Failing to properly communicate with ALICIA REDACTED and/or her family about the development of pressure sores;
  10. Failing to keep proper records relating to ALICIA REDACTED;
  11. 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;
  12. 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,
  13. Failing to exercise reasonable care under all circumstances.
  14. The above negligence occurred from the actions and omissions of employees, agents and apparent agents of Defendant, MANOR CARE BOYNTON BEACH, while in the course and scope of their employment, agency and/or apparent agency.
  15. This Count is being pleaded in the alternative to the above wrongful death Count. If these injuries did not cause the death of ALICIA 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 ALICIA REDACTED to the time of her death.

WHEREFORE, the Plaintiff, ALICIA REDACTED, demand judgment for damages against Defendant, MANOR CARE BOYNTON BEACH, and further demand a trial by jury of all issues so triable.

COUNT IV: REDACTED v. MANOR CARE CORPORATE – SURVIVAL ACTION

  1. Plaintiff re-adopts and re-alleges paragraphs 1 through 25, 28 and further alleges:
  2. Defendant, MANOR CARE CORPORATE, through its employees, agents and apparent agents were below the standard of care and thus violated the Chapter 400 rights of ALICIA REDACTED as follows:
  3. Failing to appropriately assess and screen ALICIA REDACTED as a potential fall risk resident;
  4. Failing to provide appropriate intervention to prevent falls;
  5. Dropping ALICIA REDACTED;
  6. Causing injury to ALICIA REDACTED’s femur through trauma;
  7. Failing to report trauma sustained by the resident;
  8. Failing to prevent skin breakdown;
  9. Failing to properly staff and budget for the subject facility;
  10. Failing to keep proper records relating to ALICIA REDACTED;
  11. 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;
  12. 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,
  13. Failing to exercise reasonable care under all circumstances.
  14. The above negligence occurred from the actions and omissions of employees, agents and apparent agents of Defendant, MANOR CARE CORPORATE, while in the course and scope of their employment, agency and/or apparent agency.
  15. This Count is being pleaded in the alternative to the above wrongful death Count. If these injuries did not cause the death of ALICIA 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 ALICIA REDACTED to the time of her death.

WHEREFORE, the Plaintiff, ALICIA REDACTED, demand judgment for damages against Defendant, MANOR CARE CORPORATE, 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 Plaintiffs

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