7/13/18 UPDATE: Whitehall of Boca is now known as The Encore at Boca Raton. It is unclear at this time whether The Encore at Boca Raton has purchased the liabilities of Whitehall of Boca and whether Encore at Boca will settle lawsuits against Whitehall.
More on Whitehall change of ownership to The Encore at Boca Raton can be found here.
Prior 2017 Post:
Recently, attorney Michael Brevda filed a nursing home abuse lawsuit against Whitehall of Boca Raton (now called Encore at Boca Raton) nursing home on behalf of Ross Bayer. Mr. Bayer was a former resident at Whitehall following a foot and ankle surgery. Mr. Bayer was neglected by Whitehall staff and developed infection and injury.
Local News Story Covering Bayer v. Whitehall Boca Raton
The case has garnered local media attention. The Palm Beach County NBC station, WPTV, covered the case on August 18th. CBS has also indicated interest in Mr. Bayer’s story. This specific case is unique in that Mr. Bayer survived his residency and is cognitively able to testify as to the neglect he sustained. Unfortunately, most victims of nursing home negligence are unable to advocate for themselves or pass away. Mr. Bayer is an exception as a nursing home neglect victim that survived and is competent to testify at trial.
Factual Allegations in the Case Against Whitehall Nursing Home of Boca Raton
In the Plaintiff’s Complaint, the following facts are alleged:
FACTUAL ALLEGATIONS
- At all times material, ROSS BAYER is/was a fully alert and oriented adult male living independently. On or around February 4, 2017, ROSS BAYER fell from a ladder while trimming his trees at his house. As a result of the fall, ROSS BAYER suffered foot/ankle fractures and was admitted to West Boca Medical Center.
- ROSS BAYER was transferred to Whitehall Boca Raton on or around February 8, 2017 for rehabilitation and for care of his surgical wounds.
- Proper nursing home care was not provided and ROSS BAYER was neglected by Whitehall staff, thereby violating his Chapter 400 nursing home residents’ rights.
- ROSS BAYER would ring his call bell for assistance to use the restroom. No one would answer and he would eventually be forced to soil himself.
- Post-operatively, ROSS BAYER experienced considerable pain. He would beg staff to administer his pain medication on schedule as ordered, usually having to wait 3-4 hours after the scheduled administration time to receive his medication. When Mr. BAYER would confront the nurses about this, they explained ‘we are understaffed.’
- The primary purpose of ROSS BAYER’s residency in Whitehall was for surgical wound care after his operation. He pleaded with nursing staff to come and change his dressings as his surgeon ordered. His pleas were ignored. As a result, he developed crippling infection from the unchanged bandages on his surgical wound. His foot became swollen, he required extensive course of antibiotics, skin grafts, debridements and eventually the surgical hardware was surgically removed.
- Following his harrowing residency, ROSS BAYER attempted to obtain his Whitehall records through a statutorily-valid record request. The Whitehall facility intentionally ignored this records request and did not give ROSS BAYER his nursing home chart. He then sent a second records request. Whitehall again ignored this legally valid records request. See 4/17/17 Records Request and 6/13/17 Follow Up Records Request, including green cards confirming receipt, Ex. A.
- WHITEHALL, by and through its staff, employees, agents and apparent agents, was negligent by:
- Failing to properly clean and change ROSS BAYER surgical wound dressings;
- Failing to administer prescribed medications to ROSS BAYER:
- Failing to properly implement infection preventative measures for ROSS BAYER;
- Failing to timely react to the injuries and infections of ROSS BAYER;
- Failing to alter care plans after an increase in risk indicators in ROSS BAYER;
- Failing to timely react to ROSS BAYER’s call bell;
- Failing to properly supervise ROSS BAYER and provide medical records;
- Failing to follow doctor orders;
- Failing to provide ROSS BAYER with safety, well-being, and appropriate healthcare required under Florida Chapter 400, et. al.; and
- Failing to act reasonably under the circumstances.
- VANGUARD, by and through its staff, employees, agents and apparent agents, was negligent by:
- Failing to properly clean and change ROSS BAYER surgical wound dressings;
- Failing to administer prescribed medications to ROSS BAYER:
- Failing to properly implement infection preventative measures for ROSS BAYER;
- Failing to timely react to the injuries and infections of ROSS BAYER;
- Failing to alter care plans after an increase in risk indicators in ROSS BAYER;
- Failing to timely react to ROSS BAYER’s call bell;
- Failing to properly supervise ROSS BAYER and provide medical records;
- Failing to follow doctor orders;
- Failing to properly staff the facility and provide appropriate policies and procedures;
- Failing to provide ROSS BAYER with safety, well-being, and appropriate healthcare required under Florida Chapter 400, et. al.; and
- Failing to act reasonably under the circumstances.
- As a result of these failures, ROSS BAYER experienced injury, including but not limited to infection, surgery, pain and suffering, and worsening of prior conditions.
- At all times material, ROSS BAYER’s wife, DONNA BAYER, has been deprived of the consortium, love, services and companionship of her husband as a result of the Defendants’ negligence, and maintains a consortium claim.
Complaint Against Whitehall of Boca Nursing Home
Below is a full copy of the Complaint filed in Palm Beach County Circuit Court.
Lawsuit Complaint against Whitehall of Boca Nursing Home
More questions on a potential lawsuit against Encore at Boca Raton, formerly Whitehall of Boca? Contact the Boca Raton nursing home abuse lawyers at Senior Justice Law Firm: 561-717-0817.
