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Patient Dies At Boca Circle Rehabilitation, Facility Now Sued

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LAWSUIT CLAIM: Facility Ignored Warnings, Risks, Let Patient Fall, Die. Florida Statute Violations Alleged.

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Image from the Boca Circle Rehabilitation website.

BY: LITIGATION DESK | BocaNewsNow.com

BOCA RATON, FL (BocaNewsNow.com) (Copyright © 2024 MetroDesk Media, LLC) — The Boca Raton rehab center known as “Boca Circle Rehabilitation” is facing a wrongful death and negligence lawsuit filed in Palm Beach County Circuit Court. The just-filed lawsuit alleges that workers at Boca Circle Rehab are so untrained and incompetent that they disregarded doctor instructions and let a patient fall, then deteriorate until she died.

According to the suit, Eva Posner was a known “fall risk,” but workers at Boca Circle Rehabilitation never put the protocols into place to make sure she didn’t fall. The following are excerpts from the complaint obtained by BocaNewsNow.com.

“During EVA POSNER’s residency at BOCA CIRCLE REHABILITATION CENTER, the staff and employees failed to develop an adequate care plan and properly monitor and supervise the care and treatment provided to EVA POSNER in order to prevent her from suffering falls and unexplained injuries and to prevent her from suffering the development and deterioration of infections and sepsis. As a direct result of BOCA CIRCLE REHABILITATION CENTER’s acts and omissions, EVA POSNER suffered falls and unexplained injuries, and suffered the development and deterioration of infections and sepsis.”

The suit also makes the following allegations about the facility and it’s employees: “failing to provide and implement the appropriate fall precautions to EVA POSNER; failing to provide the appropriate fall supervision to EVA POSNER; failing to provide EVA POSNER with the appropriate care, treatment and supervision to protect her from suffering a fall which resulted in her suffering a fractured hip and to protect her from suffering the development and deterioration of infections and sepsis; failing to prevent unexplained injuries to EVA POSNER: failure to properly supervise EVA POSNER; failing to provide adequate and appropriate protective and support services to EVA POSNER.

Additionally, the facility is accused of failing to develop, implement, and update an adequate and appropriate resident care plans to meet the custodial needs of EVA POSNER; failing to maintain records which contain sufficient and accurate information to justify the diagnosis and treatment and to document the results, including at a minimum documented evidence of assessments of the needs of the resident, of establishment of appropriate plans of care and treatment, and of the care and services provided; failing to appropriately monitor EVA POSNER and recognize significant signs and symptoms of change in her health condition, such as suffering falls and unexplained injuries, and suffering the development and deterioration of infections and sepsis.”

The suit seeks in excess of $50,000 — the statutory minimum for filing in Palm Beach County Circuit Court. The complaint states that, “EVA POSNER suffered damages, including loss of dignity; humiliation; bodily injury; pain and suffering, disability, physical impairment; disfigurement; mental anguish, inconvenience; loss of capacity to enjoy life; discomfort; aggravation of existing diseases or physical defect; medical, hospital and nursing expenses and died on July 6th, 2023.”

There was no immediate response filed by Boca Circle Rehabilitation that was processed by the Palm Beach County Clerk of Courts. Ms. Poster’s estate is represented by Ford, Dean, and Rotundo in North Miami Beach.

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