Pressure Ulcer Lawsuit Filed vs. Manor Care Delray Beach

Lawsuits for Nursing Home Personal Injury

Bedsore Lawsuit Against ManorCare Delray Beach

Recently, our Delray Beach nursing home abuse lawyers filed a lawsuit on behalf of the Estate of Madeline Waxman. The Complaint alleges nursing home negligence against Manor Care Delray Beach which resulted in a Stage 4 bedsore.

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Text 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.:

LEONARD WAXMAN as Personal Representative of the Estate of MADELINE WAXMAN,

Plaintiff,

vs.

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

Defendants.
_____________________________________/

COMPLAINT

COMES NOW the Plaintiff, Leonard Waxman as Personal Representative of the Estate of MADELINE WAXMAN, by and through undersigned counsel, and sues the Defendants, MANOR CARE OF DELRAY BEACH FL, LLC (“MANOR CARE DELRAY 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 DELRAY BEACH and MANOR CARE CORPORATE while MADELINE WAXMAN was a resident at the Defendants’ nursing home, MANOR CARE DELRAY BEACH (hereafter “the nursing home” or “the facility”).
4. At all times material MADELINE WAXMAN was a resident of Palm Beach County, Florida and was married to her husband, LEONARD WAXMAN.
5. At all times material, MANOR CARE DELRAY 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 DELRAY BEACH

8. At all times material hereto, the Defendant, MANOR CARE DELRAY BEACH, was the licensee of the nursing home facility in Delray 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 DELRAY BEACH FL, LLC, in Palm Beach County, Florida, and is subject to the provisions of Florida Statutes Chapter 400.
9. At all times material hereto, the Defendant, MANOR CARE DELRAY BEACH employed the nurses and caretakers at the facility, and is therefore responsible for their tortious conduct.
10. At all times material hereto, the Defendant, MANOR CARE DELRAY BEACH, was operating MANOR CARE DELRAY 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.
11. MANOR CARE DELRAY BEACH owed a duty to its residents to provide reasonable care.

ALLEGATIONS AGAINST MANOR CARE CORPORATE

12. At all times material, MANOR CARE CORPORATE, was the management company/manager and/or owner of the subject nursing home.
13. 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.
14. 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.
15. At all times material hereto, the Defendant, MANOR CARE CORPORATE, was operating MANOR CARE DELRAY 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.
16. 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.
17. During MADELINE WAXMAN’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.
18. MANOR CARE CORPORATE owed a duty to its residents to provide reasonable care.

FACTS GIVING RISE TO THIS CAUSE OF ACTION

19. MADELINE WAXMAN was living independently at her home with her husband when she fell in her shower. As a result of her fall, she suffered a C2 cervical fracture and a pelvic fracture. She was treated for her fall-related injuries at Delray Medical Center. Her doctors opted not to treat her neck fracture surgically and, instead, placed her in a cervical collar.
20. From Delray Medical Center, Mrs. Waxman was transferred to Pinecrest Rehabilitation Hospital. Following her discharge from Pinecrest, Mrs. Waxman was admitted to Manor Care Delray Beach on 10/26/16.
21. Significantly, upon admission, Mrs. Waxman’s sacral area was intact and she had no pressure ulcers on her backside.
22. At all times material, Mrs. Waxman was at high risk for pressure ulcers and required the Manor Care staff to reposition her every 2 hours. Despite recognizing the risk, Manor Care staff did not implement reasonable preventative care planning relating to skin breakdown.
23. As a result, MADELINE WAXMAN developed significant skin breakdown, including a large Stage 4 sacral pressure ulcer.
24. MADELINE WAXMAN was re-admitted to Delray Medical Center from Manor Care on November 18, 2016 where she was diagnosed with septic shock and multiple pressure ulcers, including a ‘large sacral decubitus with bone exposure.’ Color photographs were taken of Madeline’s wounds. She was also admitted with pneumonia, which her doctors attributed to aspiration or healthcare associated pneumonia.
25. MADELINE WAXMAN died shortly thereafter on November 21, 2016.

WRONGFUL DEATH DAMAGES

26. MADELINE WAXMAN wrongfully died on November 21, 2016 as a direct and proximate result of the Defendants’ negligence, more fully described above and below.
27. As a direct and proximate result of the rights violations outlined above and below, the Estate of MADELINE WAXMAN and the survivors of the Estate, including but not limited to Leonard Waxman (husband), 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 MADELINE WAXMAN’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 MADELINE WAXMAN, medical and nursing care and treatment and aggravation of previous existing conditions, from the time of her injury until the time of her death;
b. Medical bills and expenses;
c. Funeral expenses;
d. Loss of Net Accumulations;
e. The survivors 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 loved one, MADELINE WAXMAN, and have incurred medical and funeral expenses as a result of MADELINE WAXMAN’s death, and have suffered the loss of MADELINE WAXMAN’s love and companionship.

SURVIVAL DAMAGES

28. Alternatively, if these injuries did not cause MADELINE WAXMAN’s death, the Estate of MADELINE WAXMAN 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 MADELINE WAXMAN 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:
WAXMAN v. MANOR CARE OF DELRAY BEACH FL, LLC – WRONGFUL DEATH

29. Plaintiff re-adopts and re-alleges paragraphs 1 through 27 and further alleges:
30. Defendant, MANOR CARE DELRAY BEACH, through its employees, agents and apparent agents were below the standard of care and thus violated the Chapter 400 rights of MADELINE WAXMAN as follows:
i. Failure to turn and reposition an at-risk resident;
ii. Failure to properly evaluate risk of skin breakdown;
iii. Failure to institute appropriate skin breakdown monitoring;
iv. Failure to appropriately and timely respond to skin breakdown;
v. Failure to keep the resident clean, free of infection, and to change diapers and linens;
vi. Failure to prevent and recognize pneumonia;
vii. Failure to prevent and recognize aspiration;
viii. Failure to appropriately and timely respond to infection;
ix. Failure to appropriately and respond to nutritional deficiencies;
x. Failure to prevent the falls of the resident;
xi. Failing to treat the resident for injuries;
xii. Failure to document the resident’s injuries;
xiii. Failure to timely obtain a wound team consult;
xiv. Failure to report the resident’s signs of injury/illness to her healthcare providers;
xv. Failure to inform the resident’s family of the resident’s deteriorated condition;
xvi. Failure to monitor the resident;
xvii. Failure to appropriate staff and train employees and agents;
xviii. Failure to prevent provide appropriate nutrition and hydration; and,
xix. Failure to provide appropriate nursing home care under all the circumstances.

31. The above negligence occurred from the actions and omissions of employees, agents and apparent agents of Defendant, MANOR CARE DELRAY BEACH, while in the course and scope of their employment, agency and/or apparent agency.
32. As a proximate result of the Defendant’s deprivation of and infringement upon MADELINE WAXMAN’s Chapter 400 rights as alleged in this Complaint, which includes the above alleged negligence, MADELINE WAXMAN wrongfully died.
WHEREFORE, the Plaintiff, Estate of MADELINE WAXMAN, demands judgment for damages against Defendant, MANOR CARE DELRAY BEACH, and further demand a trial by jury of all issues so triable.

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

33. Plaintiff re-adopts and re-alleges paragraphs 1 through 27 and further alleges:
34. 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 MADELINE WAXMAN as follows:
xx. Failure to turn and reposition an at-risk resident;
xxi. Failure to properly evaluate risk of skin breakdown;
xxii. Failure to institute appropriate skin breakdown monitoring;
xxiii. Failure to appropriately and timely respond to skin breakdown;
xxiv. Failure to keep the resident clean, free of infection, and to change diapers and linens;
xxv. Failure to prevent and recognize pneumonia;
xxvi. Failure to prevent and recognize aspiration;
xxvii. Failure to appropriately and timely respond to infection;
xxviii. Failure to appropriately and respond to nutritional deficiencies;
xxix. Failure to prevent the falls of the resident;
xxx. Failing to treat the resident for injuries;
xxxi. Failure to document the resident’s injuries;
xxxii. Failure to timely obtain a wound team consult;
xxxiii. Failure to report the resident’s signs of injury/illness to her healthcare providers;
xxxiv. Failure to inform the resident’s family of the resident’s deteriorated condition;
xxxv. Failure to monitor the resident;
xxxvi. Failure to appropriate staff and train employees and agents;
xxxvii. Failure to prevent provide appropriate nutrition and hydration; and,
xxxviii. Failure to provide appropriate nursing home care under all the circumstances.

35. 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.
36. As a proximate result of the Defendant’s deprivation of and infringement upon MADELINE WAXMAN’s Chapter 400 rights as alleged in this Complaint, which includes the above alleged negligence, MADELINE WAXMAN wrongfully died.
WHEREFORE, the Plaintiff, Estate of MADELINE WAXMAN, demands judgment for damages against Defendant, MANOR CARE CORPORATE, and further demand a trial by jury of all issues so triable.

COUNT III:
WAXMAN v. MANOR CARE OF DELRAY BEACH FL, LLC – SURVIVAL ACTION

37. Plaintiff re-adopts and re-alleges paragraphs 1 through 25, 28 and further alleges:
38. Defendant, MANOR CARE DELRAY BEACH, through its employees, agents and apparent agents were below the standard of care and thus violated the Chapter 400 rights of MADELINE WAXMAN as follows:
xxxix. Failure to turn and reposition an at-risk resident;
xl. Failure to properly evaluate risk of skin breakdown;
xli. Failure to institute appropriate skin breakdown monitoring;
xlii. Failure to appropriately and timely respond to skin breakdown;
xliii. Failure to keep the resident clean, free of infection, and to change diapers and linens;
xliv. Failure to prevent and recognize pneumonia;
xlv. Failure to prevent and recognize aspiration;
xlvi. Failure to appropriately and timely respond to infection;
xlvii. Failure to appropriately and respond to nutritional deficiencies;
xlviii. Failure to prevent the falls of the resident;
xlix. Failing to treat the resident for injuries;
l. Failure to document the resident’s injuries;
li. Failure to timely obtain a wound team consult;
lii. Failure to report the resident’s signs of injury/illness to her healthcare providers;
liii. Failure to inform the resident’s family of the resident’s deteriorated condition;
liv. Failure to monitor the resident;
lv. Failure to appropriate staff and train employees and agents;
lvi. Failure to prevent provide appropriate nutrition and hydration; and,
lvii. Failure to provide appropriate nursing home care under all the circumstances.

39. The above negligence occurred from the actions and omissions of employees, agents and apparent agents of Defendant, MANOR CARE DELRAY BEACH, while in the course and scope of their employment, agency and/or apparent agency.
40. This Count is being pleaded in the alternative to the above wrongful death Count. If these injuries did not cause the death of MADELINE WAXMAN, 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 MADELINE WAXMAN to the time of her death.
WHEREFORE, the Plaintiff, Estate of MADELINE WAXMAN, demands judgment for damages against Defendant, MANOR CARE DELRAY BEACH, and further demand a trial by jury of all issues so triable.

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

41. Plaintiff re-adopts and re-alleges paragraphs 1 through 25, 28 and further alleges:
42. 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 MADELINE WAXMAN as follows:
lviii. Failure to turn and reposition an at-risk resident;
lix. Failure to properly evaluate risk of skin breakdown;
lx. Failure to institute appropriate skin breakdown monitoring;
lxi. Failure to appropriately and timely respond to skin breakdown;
lxii. Failure to keep the resident clean, free of infection, and to change diapers and linens;
lxiii. Failure to prevent and recognize pneumonia;
lxiv. Failure to prevent and recognize aspiration;
lxv. Failure to appropriately and timely respond to infection;
lxvi. Failure to appropriately and respond to nutritional deficiencies;
lxvii. Failure to prevent the falls of the resident;
lxviii. Failing to treat the resident for injuries;
lxix. Failure to document the resident’s injuries;
lxx. Failure to timely obtain a wound team consult;
lxxi. Failure to report the resident’s signs of injury/illness to her healthcare providers;
lxxii. Failure to inform the resident’s family of the resident’s deteriorated condition;
lxxiii. Failure to monitor the resident;
lxxiv. Failure to appropriate staff and train employees and agents;
lxxv. Failure to prevent provide appropriate nutrition and hydration; and,
lxxvi. Failure to provide appropriate nursing home care under all the circumstances.

43. 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.
44. This Count is being pleaded in the alternative to the above wrongful death Count. If these injuries did not cause the death of MADELINE WAXMAN, 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 MADELINE WAXMAN to the time of her death.
WHEREFORE, the Plaintiff, the Estate of MADELINE WAXMAN, demands judgment for damages against Defendant, MANOR CARE CORPORATE, and further demand a trial by jury of all issues so triable.
DATED this 27th day of February, 2018.

/s/ Michael J. Brevda, Esq.
Michael J. Brevda, Esq.
Florida Bar No.: 084048
SENIOR JUSTICE LAW FIRM
1903 S. Congress Ave.
Suite 380
Delray Beach, FL 33426
Phone: (561) 717-0817
Fax: (561) 708-6781
Email: eservice@SeniorJustice.com
Attorneys for Plaintiff

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