Our Boca Raton nursing home abuse law firm recently filed an 8 count lawsuit against Regents Park of Boca Raton. Regents Park of Boca Raton is usually rated as an above average facility, but it has faced survey deficiencies in the past.
In this case, filed by attorney Will Sarubbi, the Plaintiff alleges a failure to prevent the nursing home falls of Elaine Miller. Unfortunately, Ms. Miller’s fall resulted in her death, as detailed on the death certificate. Below is a full copy of the filed Complaint.
For more information or to speak with our nursing home abuse lawyers, call us today at 561-717-0817.
Complaint Filed Against Regents Park Boca Raton
IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA
CASE NO.:
ROBERT MILLER as Personal Representative of the Estate of ELAINE MILLER,
Plaintiff,
vs.
REGENTS PARK, INC. d/b/a REGENTS PARK OF BOCA RATON also d/b/a REGENTS PARK NURSING & REHABILITATION CENTER, ITEX MANAGEMENT OF FLORIDA, INC., JACK RAJCHENBACH and AARON HOLLANDER.
Defendants.
____________________________________/
COMPLAINT FOR WRONGFUL DEATH AGAINST A NURSING HOME
COMES NOW, Plaintiff, ROBERT MILLER as Personal Representative of the Estate of ELAINE MILLER, sues Defendants, REGENTS PARK, INC. d/b/a REGENTS PARK OF BOCA RATON also d/b/a REGENTS PARK NURSING & REHABILITATION CENTER (hereafter “REGENTS PARK”), ITEX MANAGEMENT OF FLORIDA, INC. (hereafter “ITEX”), JACK RAJCHENBACH and AARON HOLLANDER, and further alleges:
GENERAL FACTS
1. At all material times, the Plaintiff, ROBERT MILLER is appointed, or is in the process of being appointed, as the Personal Representative of the Estate of ELAINE MILLER.
2. At all material times, ROBERT MILLER is the son of ELAINE MILLER.
3. At all material times, ELAINE MILLER sought nursing home care at Regents Park Nursing and Rehabilitation Center at 6363 South Verde Trail in Boca Raton (hereafter “the nursing home” or “the facility”) in Palm Beach County, Florida.
4. At all material times, Defendant, REGENTS PARK, INC. (“REGENTS PARK”) was a Florida Corporation that was the licensee of the facility Palm Beach County, Florida.
5. At all material times, Defendant, ITEX was a Florida for profit corporation that was in the business of owning, managing and controlling a chain of nursing homes, including the nursing home located in Palm Beach County.
6. At all material times, Defendant, JACK RAJCHENBACH, an Illinois resident, was an individual managing employee that had actual control, and the right to control, the operations of Defendants, ITEX and REGENTS PARK.
7. At all material times, Defendant, AARON HOLLANDER, a Florida resident, was an individual managing employee that had actual control, and the right to control, the operations of Defendants, ITEX and REGENTS PARK.
8. Venue is appropriate in this action as the events giving rise to the cause of action occurred in Palm Beach County, Florida, the subject facility is located in Palm Beach County, Florida, one of more of the Defendants reside in Florida and the Plaintiff resides in Palm Beach County, Florida.
9. The amount in controversy exceeds the sum of Fifteen Thousand ($15,000.00) Dollars exclusive of costs and fees and is within the jurisdiction of this court.
10. All conditions precedent to bring this action have been met or waived. This Complaint is being filed within the statute of limitations period.
MR. RAJCHENBACH’S INVOLVEMENT AS A MANAGING EMPLOYEE
11. At all times material, JACK RAJCHENBACH maintained a 25.56% ownership interest in REGENTS PARK, INC., the licensee of the nursing home.
12. JACK RAJCHENBACH also maintained a 50% ownership interest in ITEX, the management company for the facility.
13. At all times material, JACK RAJCHENBACH was the President of ITEX.
14. In addition to his ownership interest in the involved corporate Defendants, JACK RAJCHENBACH, as a Managing Employee of ITEX, controlled the day to day care at the facility by creating and/or approving the budgets, staffing, policies and procedures for ITEX facilities, including the subject nursing home in Boca Raton.
15. At all times material, JACK RAJCHENBACH was also the President and Director of REGENTS PARK.
16. In addition to his ownership interest in the involved corporate Defendants, JACK RAJCHENBACH, as a Managing Employee of REGENTS PARK, controlled the day to day care at the facility by creating and/or approving the facility budget, staffing, policies and procedures.
17. At all times material hereto, the Defendant, JACK RACHENBACH, as a Managing Employee, controlled the facility employees, agents, and/or apparent agents who assisted Defendant, REGENTS PARK, in the delivery of skilled nursing home care and treatment to ELAINE MILLER pursuant to Florida Chapter 400, et. al.
MR. HOLLANDER’S INVOLVEMENT AS A MANAGING EMPLOYEE
18. At all times material, AARON HOLLANDER maintained a 5.55% ownership interest in REGENTS PARK, INC., the licensee of the nursing home.
19. At all times material, AARON HOLLANDER was also the CFO of REGENTS PARK.
20. In addition to his ownership interest in the involved corporate Defendant, AARON HOLLANDER, as a Managing Employee of REGENTS PARK, controlled the day to day care at the facility by creating and/or approving the facility budget, staffing, policies and procedures.
21. At all times material hereto, the Defendant, AARON HOLLANDER, as a Managing Employee, controlled the facility employees, agents, and/or apparent agents who assisted Defendant, REGENTS PARK, in the delivery of skilled nursing home care and treatment to ELAINE MILLER pursuant to Florida Chapter 400, et. al.
FACTS GIVING RISE TO THIS ACTION
22. On January 12, 2017, ELAINE MILLER was admitted from Boca Regional Hospital to Regents Park nursing home in Boca Raton with diagnoses of kidney disease, constipation and heart disease.
23. ELAINE MILLER was assessed as a high risk for falls upon her 1/12/17 admission to Regents Park. Due to her memory problems and bladder incontinence, she required extensive assistance with walking, activities of daily living (ADL’s) and toileting.
24. As a result, ELAINE MILLER’s nursing chart indicates the facility staff was to “proceed to plan of care to minimize risk for serious injury from a fall requiring hospitalization.”
25. Despite being a known fall risk, proper fall precautions were not put into place, including but not limited to a standard bed alarm and toileting schedule.
26. Contrary to the plan of care, the nursing notes are replete with ELAINE MILLER ambulating unattended in the facility’s hallway without any apparent supervision and/or interventions.
27. Still, no alarm or additional fall precautions were implemented to prevent ELAINE MILLER from falling or suffering serious injury.
28. Not surprisingly, on January 30, 2017, ELAINE MILLER suffered a serious fall and was found on the floor near her bathroom door with blood coming from her right ear. It was Elaine’s roommate that alerted the staff to Elaine’s fall.
29. ELAINE MILLER was transferred to Delray Medical Center for further evaluation and subsequently diagnosed with a subdural brain bleed.
30. While hospitalized, the fall-related injuries plagued ELAINE MILLER until her death on February 8, 2017.
WRONGFUL DEATH DAMAGES
31. ELAINE MILLER wrongfully died on February 8, 2017 as a direct and proximate result of the Defendants’ negligence, more fully described above and below.
The death certificate says, in pertinent part:
MANNER OF DEATH: ACCIDENT
CAUSE OF DEATH: a. CONGESTIVE HEART FAILURE
b. SUBDURAL HEMORRHAGE AND LINEAR SKULL FRACTURE DUE TO FALL
DATE OF INJURY: January 30, 2017
DESCRIBE HOW INJURY OCCURRED: FALL
32. As a direct and proximate result of the rights violations outlined above and below, the Estate of ELAINE MILLER and the survivors of the Estate, including but not limited to ROBERT MILLER, 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 ELAINE MILLER’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 ELAINE MILLER, medical and nursing care and treatment and aggravation of previous existing conditions, from the time of his injury until the time of her death;
b. Medical bills and expenses;
c. Funeral expenses;
d. Loss of Net Accumulations;
e. ROBERT MILLER and the decedent’s survivors 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, ELAINE MILLER, and have incurred medical and funeral expenses as a result of ELAINE MILLER’s death, and have suffered the loss of ELAINE MILLER’s love and companionship.
SURVIVAL DAMAGES
33. Alternatively, if these injuries did not cause ELAINE MILLER’s death, ROBERT MILLER 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 ELAINE MILLER 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
CLAIM AGAINST ITEX RESULTING IN DEATH
34. Plaintiff re-alleges paragraphs 1 through 33 and further alleges:
35. At all material times, ITEX was the management company of the nursing home.
36. At all material times, ITEX was the owner/operator of the nursing home.
37. At all material times, the nursing home owned and/or operated and/or managed by ITEX, was licensed pursuant to Fla. Stat. Sec. 400, and held itself to the public, including ELAINE MILLER as a nursing home that owed a duty to provide reasonable nursing home care services within the applicable standards of care, including protecting the rights guaranteed under Fla. Stat. Sec. 400, and providing care that met the standard of care for nursing homes.
38. Accordingly, at all material times, ITEX owed a duty to ELAINE MILLER to provide reasonable nursing home care, and to not violate her rights as resident of nursing home, guaranteed by Fla. Stat. Sec. 400.
39. Defendant, ITEX as the manager of the facility was responsible and liable for the nurses and/or staff that cared for ELAINE MILLER because they employed the nurses and/or staff at the facility.
40. Additionally, or in the alternative, Defendant, ITEX as the manager of the facility was responsible and liable for the nurses and/or staff at the facility that cared for ELAINE MILLER because they had actual control of their actions, and the right to control their actions, and thus those persons were agents of ITEX.
41. The negligent conduct of the nurses and/or staff of the facility, as described below, was performed in the course and scope of the employment and/or agency with ITEX.
42. Accordingly, ITEX is responsible for the negligent conduct of the nurses and/or staff.
43. ITEX, by and through its employees, agents and apparent agents at the nursing home, as described above, were negligent and violated ELAINE MILLER’s Chapter 400 rights as follows:
a. Failure to properly assess fall risk;
b. Failure to implement necessary fall precautions;
c. Failure to follow through on necessary fall precautions;
d. Failure to prevent falls of ELAINE MILLER while she resided in the facility;
e. Failure to properly implement fall precautions that were reasonable and necessary under the circumstances.
f. Failure to prevent ELAINE MILLER’s falls;
g. Failure to notify the family of ELAINE MILLER of falls and injuries;
h. Failure to timely provide medical attention to ELAINE MILLER after she fell;
i. Failure to report the fall(s) of ELAINE MILLER;
j. Actively concealing the fall(s) of ELAINE MILLER;
k. Failure to properly staff the facility;
l. Failure to provide appropriate hydration and nutrition;
m. Failing to provide reasonable nursing home care; and
n. Failing to act reasonably under all the circumstances.
44. As a proximate result of the Defendant’s deprivation of and infringement upon ELAINE MILLER’s Chapter 400 rights as alleged in this Complaint, which includes the above alleged negligence, ELAINE MILLER wrongfully died.
WHEREFORE ROBERT MILLER, as Personal Representative of the Estate of ELAINE MILLER, claims all recoverable damages against Defendant, ITEX, and demands trial by jury.
COUNT II
CLAIM AGAINST REGENTS PARK RESULTING IN DEATH
45. Plaintiffs re-allege paragraphs 1 through 33 and further allege:
46. At all material times, REGENTS PARK was the licensee of the nursing home.
47. At all material times REGENTS PARK owed a duty to ELAINE MILLER to provide reasonable nursing home care, pursuant to Fla. Stat. Sec. 400.
48. Defendant, REGENTS PARK, as the licensee of the facility was responsible and liable for the nurses and/or staff that cared for ELAINE MILLER because they employed the nurses and/or staff at the facility.
49. Additionally, or in the alternative, Defendant, REGENTS PARK as the licensee of the facility was responsible and liable for the nurses and/or staff at the facility that cared for ELAINE MILLER because they had actual control of their actions, and the right to control their actions, and thus those persons were agents of REGENTS PARK.
50. The negligent conduct of the nurses and/or staff of the facility, as described below, was performed in the course and scope of the employment and/or agency with REGENTS PARK.
51. Accordingly, REGENTS PARK is responsible for the negligent conduct of the nurses and/or staff.
52. REGENTS PARK, through its employees, agents and apparent agents, including but not limited to its R.N.s, L.P.N.s, C.N.A.s and other personnel violated ELAINE MILLER’s rights protected under Chapter 400 for Nursing Home residents by providing negligent and substandard nursing home care as follows:
a. Failure to properly assess fall risk;
b. Failure to implement necessary fall precautions;
c. Failure to follow through on necessary fall precautions;
d. Failure to prevent falls of ELAINE MILLER while she resided in the facility;
e. Failure to properly implement fall precautions that were reasonable and necessary under the circumstances.
f. Failure to prevent ELAINE MILLER’s falls;
g. Failure to notify the family of ELAINE MILLER of falls and injuries;
h. Failure to timely provide medical attention to ELAINE MILLER after she fell;
i. Failure to report the fall(s) of ELAINE MILLER;
j. Actively concealing the fall(s) of ELAINE MILLER;
k. Failure to communicate to physicians that ELAINE MILLER was in pain;
l. Failure to provide appropriate hydration and nutrition;
m. Failing to provide reasonable nursing home care; and
n. Failing to act reasonably under all the circumstances.
53. As a proximate result of the Defendant’s deprivation of and infringement upon ELAINE MILLER’s Chapter 400 rights as alleged in this Complaint, which includes the above alleged negligence, ELAINE MILLER wrongfully died.
WHEREFORE ROBERT MILLER, as Personal Representative of the Estate of ELAINE MILLER claims all recoverable damages against Defendant, REGENTS PARK, and demands trial by jury.
COUNT III
CLAIM AGAINST MR. RAJCHENBACH RESULTING IN DEATH
54. Plaintiff re-alleges paragraphs 1 through 33 and further allege:
55. At all material times, JACK RAJCHENBACH personally owned the nursing home facility.
56. At all material times, JACK RAJCHENBACH personally controlled the nursing home facility in an individual capacity.
57. At all material times, JACK RAJCHENBACH, a managing employee, personally made the policy decisions at the Regents Park facility and at ITEX, had the ability to hire and fire staff, and was personally involved in micromanaging nursing home policy and resident care at the subject facility.
58. At all material times, JACK RAJCHENBACH was personally and individually negligent in his role in owning, managing and controlling the facility in the following respects:
a. Failure to properly train staff to assess fall risk and implement fall preventative measures;
b. Failure to provide appropriate staff levels;
c. Failure to provide appropriate fall-preventative devices and technology at the facility;
d. Failure to prevent falls of ELAINE MILLER while she resided in the facility;
e. Failure to properly implement fall preventative policies and procedures for the facilities;
f. Failure to prevent ELAINE MILLER’s falls;
g. Failure to notify the family of ELAINE MILLER of falls and injuries;
h. Failure to timely obtain medical attention to ELAINE MILLER after she fell;
i. Failure to report the fall(s) of ELAINE MILLER;
j. Actively concealing the fall(s) of ELAINE MILLER;
k. Failure to communicate to physicians that ELAINE MILLER was in pain;
l. Failure to create and/or change fall prevention and reporting policies in the facility;
m. Failing to provide reasonable nursing home care; and
n. Failing to act reasonably under all the circumstances.
59. As a proximate result of the Defendant’s deprivation of and infringement upon ELAINE MILLER’s Chapter 400 rights as alleged in this Complaint, which includes the above alleged negligence, ELAINE MILLER wrongfully died.
WHEREFORE ROBERT MILLER, as Personal Representative of the Estate of ELAINE MILLER, claims all recoverable damages against Defendant, JACK RAJCHENBACH, and demands trial by jury.
COUNT IV
CLAIM AGAINST MR. HOLLANDER RESULTING IN DEATH
60. Plaintiff re-alleges paragraphs 1 through 33 and further allege:
61. At all material times, AARON HOLLANDER personally owned the nursing home facility.
62. At all material times, AARON HOLLANDER personally controlled the nursing home facility in an individual capacity.
63. At all material times, AARON HOLLANDER, a managing employee, personally made the policy decisions at the Regents Park facility and at ITEX, had the ability to hire and fire staff, and was personally involved in micromanaging nursing home policy and resident care at the subject facility.
64. At all material times, AARON HOLLANDER was personally and individually negligent in his role in owning, managing and controlling the facility in the following respects:
a. Failure to properly train staff to assess fall risk and implement fall preventative measures;
b. Failure to provide appropriate staff levels;
c. Failure to provide appropriate fall-preventative devices and technology at the facility;
d. Failure to prevent falls of ELAINE MILLER while she resided in the facility;
e. Failure to properly implement fall preventative policies and procedures for the facilities;
f. Failure to prevent ELAINE MILLER’s falls;
g. Failure to notify the family of ELAINE MILLER of falls and injuries;
h. Failure to timely obtain medical attention to ELAINE MILLER after she fell;
i. Failure to report the fall(s) of ELAINE MILLER;
j. Actively concealing the fall(s) of ELAINE MILLER;
k. Failure to communicate to physicians that ELAINE MILLER was in pain;
l. Failure to create and/or change fall prevention and reporting policies in the facility;
m. Failing to provide reasonable nursing home care; and
n. Failing to act reasonably under all the circumstances.
65. As a proximate result of the Defendant’s deprivation of and infringement upon ELAINE MILLER’s Chapter 400 rights as alleged in this Complaint, which includes the above alleged negligence, ELAINE MILLER wrongfully died.
WHEREFORE ROBERT MILLER, as Personal Representative of the Estate of ELAINE MILLER, claims all recoverable damages against Defendant, AARON HOLLANDER and demands trial by jury.
COUNT V
SURVIVAL ACTION AGAINST REGENTS PARK
66. Plaintiffs re-allege paragraphs 1 through 30, 33, 45 through 53 and further allege:
67. This survival action is made in the alternative to the above wrongful death claim.
68. As a direct and proximate result of the above negligence, ELAINE MILLER fell and seriously injured herself.
69. If this fall did not cause the death of ELAINE MILLER, 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 ELAINE MILLER to the time of her death.
WHEREFORE ROBERT MILLER, as Personal Representative of the Estate of ELAINE MILLER, claims all recoverable damages against Defendant, REGENTS PARK, and demands trial by jury.
COUNT VI
SURVIVAL ACTION AGAINST JACK RAJCHENBACH
70. Plaintiff re-alleges paragraphs 1 through 30, 33, 54 through 59 and further allege:
71. This survival action is made in the alternative to the above wrongful death claim.
72. As a direct and proximate result of the above negligence, ELAINE MILLER fell and seriously injured herself.
73. If this fall did not cause the death of ELAINE MILLER, 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 ELAINE MILLER to the time of her death.
WHEREFORE ROBERT MILLER, as Personal Representative of the Estate of ELAINE MILLER, claims all recoverable damages against Defendant, JACK RAJCHENBACH, and demands trial by jury.
COUNT VII
SURVIVAL ACTION AGAINST AARON HOLLANDER
74. Plaintiff re-alleges paragraphs 1 through 30, 33, 60 through 65 and further allege:
75. This survival action is made in the alternative to the above wrongful death claim.
76. As a direct and proximate result of the above negligence, ELAINE MILLER fell and seriously injured herself.
77. If this fall did not cause the death of ELAINE MILLER, 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 ELAINE MILLER to the time of her death.
WHEREFORE ROBERT MILLER, as Personal Representative of the Estate of ELAINE MILLER, claims all recoverable damages against Defendant, AARON HOLLANDER, and demands trial by jury.
COUNT VIII
SURVIVAL ACTION AGAINST ITEX
78. Plaintiffs re-allege paragraphs 1 through 30, 33, 34 through 44 and further allege:
79. This survival action is made in the alternative to the above wrongful death claim.
80. As a direct and proximate result of the above negligence, ELAINE MILLER fell and seriously injured herself.
81. If this fall did not cause the death of ELAINE MILLER, 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 ELAINE MILLER to the time of her death.
WHEREFORE ROBERT MILLER, as Personal Representative of the Estate of ELAINE MILLER, claims all recoverable damages against Defendant, ITEX, and demands trial by jury.
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Mail to all Counsel on the attached list, this 14th day of November, 2017.
DATED this 14th day of November, 2017.
/s/ William J. Sarubbi, II_____________
WILLIAM J. SARUBBI, II, ESQ.
Florida Bar No.: 113401
Senior Justice Law Firm
1903 S. Congress Ave., Suite 380
Boynton Beach, Florida 33426
Phone: (561) 717-0817
Fax: (561) 708-6781
Email: eservice@SeniorJustice.com
www.SeniorJustice.com
Attorneys for Plaintiff
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