Lawsuits Alleging Negligent Care at Palace at Kendall
An assisted living facility located in Miami-Dade County, Palace at Kendall offers 330 beds and has been operated by Kendall Healthcare Properties since December 1991 as a for-profit organization. Located at 11355 SW 84 Street, Miami, Florida 33173, the facility provides skilled nursing care and/or short-term rehabilitation including wound care, physical therapy, occupational therapy, speech therapy, IV therapy and more.
Although the facility has not been fined in the past three years, it has been the subject of several regulatory violations citations and lawsuits alleging negligent care. A summary of the three most recent lawsuits filed against Kendall Healthcare Properties is provided below.
Emilia A. Quesada, as personal representative of the Estate of Emily Vergel v. Kendall Healthcare Properties d/b/a The Palace Renaissance
Allegations: Ms. Emily Vergel was a resident of The Palace Renaissance when she allegedly developed pressure sores which progressively deteriorated. The facility allegedly did not provide adequate care and allowed the sores to fester further, even though assisted living facilities are not permitted to treat pressure sores that are above level 3. As a result, the complaint alleges that Ms. Vergel suffered pain and suffering and died as a result.
John Joseph McNally, as personal representative of the Estate of Marion McNally, deceased v. Kendall Healthcare Properties d/b/a The Palace Renaissance; Kendall Healthcare, Inc. a/k/a The Palace at Kendall
Allegations: The Complaint alleges that Ms. Marion McNally died as a result of the facility’s failure to properly monitor and supervise her. Specifically, although Ms. McNally’s son specifically asked that staff aid his mother with toileting and ambulating, she was left on the toilet by a staff member who then left because her shift had ended. The next shift staff member allegedly knew Ms. McNally was on the toilet but left her for an additional 2 hours on the toilet. Ms. McNally was found deceased at approximately 2 a.m. on the bathroom floor after a presumed fall.
Rose Worth v. Kendall Healthcare Properties
Allegations: Ms. Rose Worth was a resident at The Palace Renaissance and was allegedly left in the hallway in her wheelchair by a staff member prior to meal time. The staff member then got another resident, Ms. Olga Valle, who was allegedly known to be aggressive. The staff member allegedly saw Ms. Valle pushing Ms. Worth in her wheelchair and verbally admonished Ms. Valle but did not stop her. When the staff member came back to the hallway, Ms. Valle and Ms. Worth were no longer in the hallway. The staff member allegedly found Ms. Valle at the top of the stair landing, and Ms. Worth was at the bottom of the stairwell. Ms. Worth suffered serious injuries as a result.
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*Each case is different. Prior results do not guarantee a similar outcome or indicate an expected outcome on your particular case. The above prior lawsuit information is for informational purposes only and does not constitute legal advice. The information is not provided in the course of an attorney-client relationship and is not intended to substitute for legal advice from an attorney. This individual case information above is publicly filed information gathered from the publicly filed complaint. This information and these cases are not the work of this law firm. The contents of this website should not be construed as legal advice on any specific fact or circumstance. Your receipt of such information does not create an attorney-client relationship with this law firm or any of its lawyers. You should not act or rely on any of the information contained herein without seeking professional legal advice. Speak with an attorney immediately if you believe you have a viable case against a nursing home, assisted living facility or medical facility.
The Agency for Health Care Administration’s citations for regulatory violations also show that this particular assisted living facility may not be providing the level of care that it should to its residents. A summary of the two most recent AHCA citations issued for the Palace at Kendall is provided below.
Standard Statement of Deficiencies dated 3/1/2018 at Palace at Kendall
During this regular biennial survey, AHCA found that one resident, who was admitted into the hospital and was not present at the facility at that time, had medication stored in the refrigerator she shared with a roommate. According to state regulations, for residents who can self-administer their medication, it must be kept locked or stored out of sight of other residents.
In addition, the facility was cited for failing to keep updated records on its residents. For example, a resident was noted to require “supervision with eating.” However, it was observed that he could not feed himself and needed assistance from his private aide to bring a cup of thickened water to his mouth.
Complaint Statement of Deficiencies dated 10/29/2012 at Palace at Kendall
According to the survey conducted on this date, one resident stated that the staff initially helped her self-administer her medication but they stopped doing so. She stated that she was unable to self-administer her medication but has managed to do so.
Another resident stated that his medication is provided to him in the dining room but that he does not know why. He stated that if one particular staff member does not give his medication to him, then another Certified Nursing Assistant (“CNA”) gives it to him.
Upon interview, staff member #1 stated that she gives out medications but does not pass them. She also stated that she assists other residents if they ask for help. Staff member #2 was observed to have a certificate regarding assistance with self-administration of medication. Neither was a licensed nurse.
Negligent Care is NOT Acceptable
The lawsuits and citations issued against Palace at Kendall show that this particular assisted living facility may be providing substandard care to some of its residents.
If you or a loved one is a resident at Palace at Kendall, and you believe you or a loved one has experienced negligence, please consider consulting with an experienced attorney. At Senior Justice Law Firm, our attorneys are narrowly focused on nursing home abuse and assisted living facility negligence; we may be able to help you with your case. Call us toll free: 888-375-9998
