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FLORIDA RECORD

Saturday, September 28, 2024

Plaintiff alleges negligence against Boca Circle Rehabilitation Center over resident’s death

State Court
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Sandra Matalon, as the personal representative of the estate of Eva Posner, has filed a negligence and wrongful death complaint against Boca Heartland Opco, LLC, doing business as Boca Circle Rehabilitation Center. The complaint was filed in the Circuit Court of the 15th Judicial Circuit in Palm Beach County, Florida on May 20, 2024.

The lawsuit alleges that during Eva Posner's residency at Boca Circle Rehabilitation Center, the staff failed to provide adequate care and supervision. According to the complaint, these failures led to Posner suffering from falls, unexplained injuries, and severe infections that ultimately resulted in her death on July 6, 2023. Matalon claims that Boca Heartland Opco violated Florida Statute §400 by not ensuring Posner's resident rights were upheld. The plaintiff asserts that "the staff and employees failed to develop an adequate care plan and properly monitor and supervise the care and treatment provided to Eva Posner."

Matalon contends that these failures are direct violations of Florida law which mandates nursing homes to provide appropriate healthcare and protective services. Specific allegations include inadequate fall precautions, insufficient monitoring for signs of health deterioration such as infections or sepsis, failure to notify family members or physicians about significant changes in health status, and overall neglect in providing a safe environment for residents. The complaint also highlights deficiencies in staff training and supervision as contributing factors.

The plaintiff is seeking compensatory damages exceeding $50,000 for various forms of suffering endured by Posner including loss of dignity, physical pain, mental anguish, medical expenses incurred before her death, and funeral costs. Additionally, Matalon seeks compensation for the survivors' loss of support and services due to Posner's untimely death.

Represented by Ford, Dean & Rotundo P.A., Sandra Matalon demands a jury trial on all issues triable by right. The case is being overseen by Judge Joseph Abruzzo under Case Number 502024CA004668XXXAMB Div: AH.

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