PATIENT LEFT IN OWN EXCREMENT, ACCORDING TO PALM BEACH COUNTY SUIT…
BY: LITIGATION DESK | BocaNewsNow.com
BOCA RATON, FL (BocaNewsNow.com) (Copyright © 2023 MetroDesk Media, LLC) — The alleged negligence and incompetence of the medical and care staff at Encore at Boca Raton Rehabilitation and Nursing Center led to critical injuries for a patient, and a lawsuit by his family.
According to court records obtained by BocaNewsNow.com, Arnold Simmons was a resident of Encore. But his care, allegedly so horrific, led to his family moving him elsewhere. According to the suit just filed in Palm Beach County Circuit Court:
“During ARNOLD J. SIMMANS ‘ residency at THE ENCORE AT BOCA RATON REHABILITATION AND NURSING CENTER, LLC., the staff and employees failed to develop an adequate care plan and properly monitor and supervise the care and treatment provided to ARNOLD J. SIMMANS in order to prevent him from suffering the development and deterioration of wounds and to prevent him from suffering falls and unexplained injuries.”
The suit lists specific claims made against the facility, including: “failing to provide and implement the appropriate fall precautions to ARNOLD J. SIMMANS; failing to provide the appropriate fall supervision to ARNOLD J. SIMMANS; failing to provide ARNOLD J. SIMMANS with the appropriate care, treatment and supervision to protect him from suffering falls; failing to prevent unexplained injuries to ARNOLD J. SIMMANS; failure to properly supervise ARNOLD J. SIMMANS; failing to properly provide a turning program for the prevention of wounds; failing to provide a proper mattress, bedding, protective devices and positioning devices for ARNOLD J. SIMMANS; failing to turn and position ARNOLD J. SIMMANS timely and appropriately to prevent wounds: failing to properly recognize the development and deterioration of wounds on ARNOLD J. SIMMANS and failing to obtain treatment to prevent the worsening of wounds; failing to adequately clean ARNOLD J. SIMMANS to prevent skin breakdown due to continual contact with feces and urine.”
“Failure to properly supervise ARNOLD J. SIMMANS; failing to provide adequate and appropriate protective and support services to ARNOLD J. SIMMANS; failing to develop, implement, and update an adequate and appropriate resident care plans to meet the custodial needs of ARNOLD J. SIMMANS; 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 ARNOLD J. SIMMANS and recognize significant signs and symptoms of change in his health condition, such as suffering the development and deterioration of wounds and suffering falls and unexplained injuries.”
“Failing to properly notify the family and physicians of ARNOLD J. SIMMANS’ of significant changes in his health status, such as suffering the development and deterioration of wounds and suffering falls and unexplained injuries; failing to protect ARNOLD J. SIMMANS from foreseeable harm, including but not limited to suffering the development and deterioration of wounds and suffering falls and unexplained injuries; failing to properly supervise staff; failing to properly train staff, improper retention of staff. Inadequate staffing; failing to protect the dignity of ARNOLD J. SIMMANS; failing to protect the privacy of ARNOLD J. SIMMANS; and failing to follow physician orders; failing to properly chart on the resident pursuant to Florida Statute § 400, F. A. C. 59-A; and 42 C. F. R. 483; failure to timely transfer the resident to the hospital.”
The alleged negligence led to damages, according to the suit. “As a direct and proximate result of the failure of the Defendant to comply with the requirements of Florida Statute $400.022, and to provide adequate and appropriate and protective support services, ARNOLD J. SIMMANS 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.”
Encore is something of a lawsuit magnet in South Florida. Read our previous coverage here. The latest suit seeks damages in excess of the statutory minimum of $30,000.
