The Orlando nursing home abuse lawyers at Senior Justice Law Firm filed a 60 paragraph lawsuit against Manor Care of Winter Park (full text below). Our lawyers have a long history of successfully handling cases against Manor Care nursing homes.
If you believe you have a potential case against Manor Care of Winter Park, contact our compassionate and experienced attorneys today toll-free at 1-844-253-8919.
Manor Care of Winter Park Nursing Home Negligence Case Facts
Unfortunately, in this specific case against ManorCare Winter Park, it is alleged that the resident was admitted into the facility for supervision with his Congestive Heart Failure. Specifically, the resident required assistance with his medication and also needed daily weigh ins to make sure he was not retaining water. The purpose of the daily weigh in was to monitor the resident for sudden weight gain, which would indicate water retention and a worsening of his heart condition. If the resident gained more than 3 pounds in a day, a doctor was to be called immediately.
Mr. Gomez-Oviedo weighed 170 pounds on admission to Manor Care Winter Park. Just 5 days later, he weighed 200 pounds. It is alleged that staff failed to timely react to Mr. Gomez-Oviedo’s change in condition, and as a result, he wrongfully died.
The Complaint was drafted by attorneys Michael Brevda and Will Sarubbi.
Actual Complaint Filed Against Manor Care of Winter Park
IN THE CIRCUIT COURT OF THE 9th JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA
CASE NO.:
MIRIAN GOMEZ, as Personal Representative of the Estate of NESTOR GOMEZ-OVIEDO,
Plaintiff,
vs.
MANOR CARE OF WINTER PARK FL, LLC, MANORCARE HEALTH SERVICES, LLC and HCR MANOR CARE SERVICES OF FLORIDA, LLC.
Defendants.
_____________________________________/
COMPLAINT FOR WRONGFUL DEATH DAMAGES
COMES NOW, the Plaintiff, MIRIAN GOMEZ, as Personal Representative of the Estate of NESTOR GOMEZ-OVIEDO, by and through undersigned counsel, and hereby sues the Defendant(s), MANOR CARE OF WINTER PARK FL, LLC (hereafter ‘MANOR CARE OF WINTER PARK’), MANORCARE HEALTH SERVICES, LLC (hereafter ‘MANORCARE CORPORATE’) and HCR MANOR CARE SERVICES OF FLORIDA, LLC (hereafter ‘HCR MANOR CARE’), and alleges:
SECTION I:
JURISDICTIONAL ALLEGATIONS
1. This is an action for nursing home neglect which resulted in wrongful death and/or severe injuries to NESTOR GOMEZ-OVIEDO.
2. The amount in controversy exceeds $15,000.00, exclusive of interest and costs, and is being filed within the applicable statute of limitations.
3. Venue is proper in this circuit because at least one of the defendants are located, headquartered, doing business in and/or have a principal place of business in Orange County, Florida. Additionally, or in the alternative, at least one of the Defendants maintain an agent in Orange County, Florida.
4. The undersigned certifies that prior to filing this action a good faith reasonable investigation was made and said investigation determined that there are grounds for a good faith belief that there was negligence on the part of the named Defendant(s).
5. At all times material, NESTOR GOMEZ-OVIEDO, was an adult resident of Orange County, Florida.
6. At all times material, MIRIAN GOMEZ, is an adult resident of Seminole County, Florida and the daughter of NESTOR GOMEZ-OVIEDO. MIRIAN GOMEZ has been appointed as Personal Representative of the Estate of NESTOR GOMEZ-OVIEDO, or is in the process of being appointed as Personal Representative, and is the proper party to bring this action on behalf of the estate and its survivors.
7. The Defendant, MANOR CARE OF WINTER PARK was the licensee of the nursing home and owned, actively managed, operated, staffed and controlled the nursing home commonly known as Manor Care of Winter Park.
8. At all times material hereto, the Defendant, MANOR CARE OF WINTER PARK employed the nurses and caretakers at the facility, and is therefore responsible for their tortious conduct.
9. At all times material hereto, the Defendant, MANOR CARE OF WINTER PARK owed a duty to its residents, including NESTOR GOMEZ-OVIEDO, to provide reasonable nursing home care.
10. The Defendant, MANORCARE CORPORATE, is a corporation in the business of owning, actively managing and operating a chain of nursing homes, and owned, actively managed, operated, staffed and controlled the nursing home commonly known as Manor Care of Winter Park.
11. At all times material hereto, the Defendant, MANORCARE CORPORATE, operated Manor Care of Winter Park and/or had a non-delegable duty to ensure reasonable operation of the facility and reasonable care to residents.
12. At all times material hereto, the Defendant, MANORCARE CORPORATE employed the nurses and caretakers at the facility, and is therefore responsible for their tortious conduct.
13. Additionally, MANORCARE CORPORATE had the right to control the nursing home’s operations, including but not limited to the facility’s policies, procedures, budget, staffing, methods of operation, methods of providing specific kinds of care and employee training.
14. During NESTOR GOMEZ-OVIEDO’s residency, MANORCARE CORPORATE actually controlled, and had the right to control, the nursing home and its staff. Therefore, MANORCARE CORPORATE is responsible for any actions or omissions of the nursing home’s employees, agents or apparent agents.
15. At all times material hereto, the Defendant, MANORCARE CORPORATE owed a duty to its residents, including NESTOR GOMEZ-OVIEDO, to provide reasonable nursing home care.
16. The Defendant, HCR MANOR CARE, is a corporation in the business of owning, actively managing and operating a chain of nursing homes, and owned, actively managed, operated, staffed and controlled the nursing home commonly known as Manor Care of Winter Park.
17. At all times material hereto, the Defendant, HCR MANOR CARE, operated Manor Care of Winter Park and/or had a non-delegable duty to ensure reasonable operation of the facility and reasonable care to residents.
18. At all times material hereto, the Defendant, HCR MANOR CARE employed the nurses and caretakers at the facility, and is therefore responsible for their tortious conduct.
19. Additionally, HCR MANOR CARE had the right to control the nursing home’s operations, including but not limited to the facility’s policies, procedures, budget, staffing, methods of operation, methods of providing specific kinds of care and employee training.
20. During NESTOR GOMEZ-OVIEDO’s residency, HCR MANOR CARE actually controlled, and had the right to control, the nursing home and its staff. Therefore, HCR MANOR CARE is responsible for any actions or omissions of the nursing home’s employees, agents or apparent agents.
21. At all times material hereto, the Defendant, HCR MANOR CARE owed a duty to its residents, including NESTOR GOMEZ-OVIEDO, to provide reasonable nursing home care.
22. All conditions required pursuant to Chapter 400 and 768 and all other relevant Florida statutes, have been met or waived.
23. At all times material hereto, the Defendant(s) are 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.
SECTION II:
FACTS GIVING RISE TO THIS ACTION
24. This action is being brought by the Plaintiff for violations of Chapter 400 against the Defendant(s) while NESTOR GOMEZ-OVIEDO was a resident at the Defendant nursing home known as Manor Care of Winter Park.
25. NESTOR GOMEZ-OVIEDO was admitted to Manor Care of Winter Park on or around March 23, 2017 for rehabilitation, assistance with medication administration, and supervision relating to potential water retention.
26. NESTOR GOMEZ-OVIEDO was a CHF patient and required medication and daily weight monitoring to ensure he did not retain fluids.
27. Prior to, or at admission, Manor Care of Winter Park staff screened NESTOR GOMEZ-OVIEDO as a resident and accepted NESTOR GOMEZ-OVIEDO as a resident inside their facility.
28. Manor Care of Winter Park, by and through its employees and staff, assured the family of NESTOR GOMEZ-OVIEDO that they would provide the necessary care, assistance and supervision to keep their loved one safe and secure.
29. Manor Care of Winter Park received monetary payments in exchange for providing assistance and supervision with activities of daily living to NESTOR GOMEZ-OVIEDO.
30. Upon his March 23, 2017 admission to the nursing home, NESTOR GOMEZ-OVIEDO weighed approximately 170 pounds.
31. Despite being at risk for water retention and CHF, NESTOR GOMEZ-OVIEDO was neglected by Manor Care of Winter Park staff.
32. NESTOR GOMEZ-OVIEDO died on March 27, 2017. He weighed 200.5 pounds during the last day of his residency at Manor Care of Winter Park.
SECTION III:
NEGLIGENCE AND RESIDENTS’ RIGHTS VIOLATIONS AGAINST MANOR CARE OF WINTER PARK
33. Defendant, MANOR CARE OF WINTER PARK, through its employees, agents and apparent agents, were below the standard of care and thus violated the Chapter 400 rights of NESTOR GOMEZ-OVIEDO as follows:
a. Failing to appropriately assess and screen the resident for risk of water retention;
b. Failing to provide appropriate interventions to prevent water retention;
c. Failing to properly administer medication to the resident;
d. Failing to timely recognize, react to, and report the resident’s injuries and water retention;
e. Failing to provide proper hydration and nutrition;
f. Failing to properly communicate with NESTOR GOMEZ-OVIEDO’s physicians; and/or his family;
g. Failing to keep proper records relating to NESTOR GOMEZ-OVIEDO and failing to produce those records upon valid request;
h. Failing to comply with the requirements of the Florida Administrative Code and 42 CFR Section 483, which govern nursing homes such as this facility;
i. 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,
j. Failing to exercise reasonable care under all circumstances.
34. The above negligence occurred from the actions and omissions of employees, agents and apparent agents of Defendant, MANOR CARE OF WINTER PARK, while in the course and scope of their employment, agency and/or apparent agency.
SECTION IV:
NEGLIGENCE AND RESIDENTS’ RIGHTS VIOLATIONS AGAINST MANORCARE CORPORATE AND HCR MANOR CARE
35. Defendants, MANORCARE CORPORATE and HCR MANOR CARE, through their employees, agents and apparent agents, were below the standard of care and thus violated the Chapter 400 rights of NESTOR GOMEZ-OVIEDO as follows:
a. Failing to appropriately assess and screen the resident for risk of water retention;
b. Failing to provide appropriate interventions to prevent water retention;
c. Failing to properly administer medication to the resident;
d. Failing to timely recognize, react to, and report the resident’s injuries and water retention;
e. Failing to provide proper hydration and nutrition;
f. Failing to properly communicate with NESTOR GOMEZ-OVIEDO’s physicians; and/or his family;
g. Failing to keep proper records relating to NESTOR GOMEZ-OVIEDO and failing to produce those records upon valid request;
h. Failing to comply with the requirements of the Florida Administrative Code and 42 CFR Section 483, which govern nursing homes such as this facility;
i. 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;
j. Failing to investigate and discipline those responsible for resident injuries, and failing to change company protocol in light of these failures;
k. Failing to provide appropriate policies, procedures, equipment and methods of operations to the facility;
l. Failing to appropriately staff the facility for the facility residents’ acuity levels;
m. Failing to appropriately budget for the facility’s needs and the facility residents’ acuity levels; and,
n. Failing to exercise reasonable care under all circumstances.
36. The above negligence occurred from the actions and omissions of employees, agents and apparent agents of Defendants, MANORCARE CORPORATE and HCR MANOR CARE, while in the course and scope of their employment, agency and/or apparent agency.
SECTION V:
WRONGFUL DEATH DAMAGES
37. NESTOR GOMEZ-OVIEDO wrongfully died on March 27, 2017 as a direct and proximate result of the Defendants’ negligence, more fully described above and below.
38. As a direct and proximate result of the rights violations outlined above and below, the Estate of NESTOR GOMEZ-OVIEDO and the survivors of the Estate, including but not limited to Mirian Gomez, daughter of the decedent and P.R. of the Estate, Maria Gomez, daughter of the decedent and Nestor Gomez, son of the decedent, are entitled to all damages recoverable for the wrongful death caused by the Defendants, as alleged above and below, including but not limited to:
a. Damages for NESTOR GOMEZ-OVIEDO’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 NESTOR GOMEZ-OVIEDO, medical and nursing care and treatment and aggravation of previous existing conditions, from the time of injury until the time of death;
b. Medical bills and expenses;
c. Funeral expenses;
d. Loss of Net Accumulations;
e. The surviving children (3) of NESTOR GOMEZ-OVIEDO have suffered mental pain and suffering which will continue for the rest of their life. They have suffered the loss of services, comfort, society, consortium, companionship, protection, and financial and emotional support of their family member, NESTOR GOMEZ-OVIEDO, and have incurred medical and funeral expenses as a result of NESTOR GOMEZ-OVIEDO’s death.
SECTION VI:
SURVIVAL DAMAGES
39. This case is being pleaded as a wrongful death claim. However, alternatively, if these injuries did not cause NESTOR GOMEZ-OVIEDO’s death, the Estate of NESTOR GOMEZ-OVIEDO 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 NESTOR GOMEZ-OVIEDO to the time of death. These survival damages occurred as a direct and proximate result of the negligence of the Defendants’ outlined above and below.
COUNT I –
WRONGFUL DEATH DAMAGES VS. MANOR CARE OF WINTER PARK
40. Plaintiff re-adopts and re-alleges the paragraphs contained in Section I (Jurisdictional Allegations), Section II (Facts Giving Rise to this Action), Sections III and IV (Negligence and Residents’ Rights Violations Against Defendants) and Section V (Wrongful Death Damages), and further alleges:
41. The above negligence occurred from the actions and omissions of employees, agents and apparent agents of Defendant, MANOR CARE OF WINTER PARK, while in the course and scope of their employment, agency and/or apparent agency.
42. As a proximate result of the Defendant’s deprivation of and infringement upon NESTOR GOMEZ-OVIEDO’s Chapter 400 rights as alleged in this Complaint, which includes the above alleged negligence, NESTOR GOMEZ-OVIEDO wrongfully died.
WHEREFORE, the Plaintiff demands judgment for damages against Defendant, MANOR CARE OF WINTER PARK, and further demand a trial by jury of all issues so triable.
COUNT II –
WRONGFUL DEATH DAMAGES VS. MANORCARE CORPORATE
43. Plaintiff re-adopts and re-alleges the paragraphs contained in Section I (Jurisdictional Allegations), Section II (Facts Giving Rise to this Action), Sections III and IV (Negligence and Residents’ Rights Violations Against Defendants) and Section V (Wrongful Death Damages), and further alleges:
44. The above negligence occurred from the actions and omissions of employees, agents and apparent agents of Defendant, MANORCARE CORPORATE, while in the course and scope of their employment, agency and/or apparent agency.
45. As a proximate result of the Defendant’s deprivation of and infringement upon NESTOR GOMEZ-OVIEDO’s Chapter 400 rights as alleged in this Complaint, which includes the above alleged negligence, NESTOR GOMEZ-OVIEDO wrongfully died.
WHEREFORE, the Plaintiff demands judgment for damages against Defendant, MANORCARE CORPORATE, and further demand a trial by jury of all issues so triable.
COUNT III –
WRONGFUL DEATH DAMAGES VS. HCR MANOR CARE
46. Plaintiff re-adopts and re-alleges the paragraphs contained in Section I (Jurisdictional Allegations), Section II (Facts Giving Rise to this Action), Sections III and IV (Negligence and Residents’ Rights Violations Against Defendants) and Section V (Wrongful Death Damages), and further alleges:
47. The above negligence occurred from the actions and omissions of employees, agents and apparent agents of Defendant, HCR MANOR CARE, while in the course and scope of their employment, agency and/or apparent agency.
48. As a proximate result of the Defendant’s deprivation of and infringement upon NESTOR GOMEZ-OVIEDO’s Chapter 400 rights as alleged in this Complaint, which includes the above alleged negligence, NESTOR GOMEZ-OVIEDO wrongfully died.
WHEREFORE, the Plaintiff demands judgment for damages against Defendant, HCR MANOR CARE, and further demand a trial by jury of all issues so triable.
COUNT IV –
NON-LETHAL DAMAGES VS. MANOR CARE OF WINTER PARK
49. Plaintiff re-adopts and re-alleges the paragraphs contained in Section I (Jurisdictional Allegations), Section II (Facts Giving Rise to this Action), Sections III and IV (Negligence and Residents’ Rights Violations Against Defendants) and Section VI (Survival Damages), and further alleges:
50. This Count is being pleaded in the alternative to the above wrongful death Count. If these injuries did not cause the death of NESTOR GOMEZ-OVIEDO, 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 until the time of death.
51. The above negligence occurred from the actions and omissions of employees, agents and apparent agents of Defendant, MANOR CARE OF WINTER PARK, while in the course and scope of their employment, agency and/or apparent agency.
52. As a proximate result of the Defendant’s deprivation of and infringement upon NESTOR GOMEZ-OVIEDO’s Chapter 400 rights as alleged in this Complaint, which includes the above alleged negligence, NESTOR GOMEZ-OVIEDO suffered serious injury.
WHEREFORE, the Plaintiff demands judgment for damages against Defendant, MANOR CARE OF WINTER PARK, and further demand a trial by jury of all issues so triable.
COUNT V –
NON-LETHAL DAMAGES VS. MANORCARE CORPORATE
53. Plaintiff re-adopts and re-alleges the paragraphs contained in Section I (Jurisdictional Allegations), Section II (Facts Giving Rise to this Action), Sections III and IV (Negligence and Residents’ Rights Violations Against Defendants) and Section VI (Survival Damages), and further alleges:
54. This Count is being pleaded in the alternative to the above wrongful death Count. If these injuries did not cause the death of NESTOR GOMEZ-OVIEDO, 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 until the time of death.
55. The above negligence occurred from the actions and omissions of employees, agents and apparent agents of Defendant, MANORCARE CORPORATE, while in the course and scope of their employment, agency and/or apparent agency.
56. As a proximate result of the Defendant’s deprivation of and infringement upon NESTOR GOMEZ-OVIEDO’s Chapter 400 rights as alleged in this Complaint, which includes the above alleged negligence, NESTOR GOMEZ-OVIEDO suffered serious injury.
WHEREFORE, the Plaintiff demands judgment for damages against Defendant, MANORCARE CORPORATE, and further demand a trial by jury of all issues so triable.
COUNT V –
NON-LETHAL DAMAGES VS. MANORCARE CORPORATE
57. Plaintiff re-adopts and re-alleges the paragraphs contained in Section I (Jurisdictional Allegations), Section II (Facts Giving Rise to this Action), Sections III and IV (Negligence and Residents’ Rights Violations Against Defendants) and Section VI (Survival Damages), and further alleges:
58. This Count is being pleaded in the alternative to the above wrongful death Count. If these injuries did not cause the death of NESTOR GOMEZ-OVIEDO, 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 until the time of death.
59. The above negligence occurred from the actions and omissions of employees, agents and apparent agents of Defendant, MANORCARE CORPORATE, while in the course and scope of their employment, agency and/or apparent agency.
60. As a proximate result of the Defendant’s deprivation of and infringement upon NESTOR GOMEZ-OVIEDO’s Chapter 400 rights as alleged in this Complaint, which includes the above alleged negligence, NESTOR GOMEZ-OVIEDO suffered serious injury.
WHEREFORE, the Plaintiff demands judgment for damages against Defendant, MANORCARE CORPORATE, and further demand a trial by jury of all issues so triable.
DATED this 13th day of November, 2017.
/s/ Michael J. Brevda
Michael J. Brevda, Esq.
Florida Bar No.: 084048
SENIOR JUSTICE LAW FIRM
1903 S. Congress Ave. – Suite 380
Boynton Beach, FL 33426
Phone: (561) 717-0817
Fax: (561) 708-6781
Email: eservice@SeniorJustice.com
Attorneys for Plaintiff
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