Paul Felsher, acting as the next friend of Phyllis Felsher, has filed a complaint against Terrace of Delray Beach, LLC, doing business as The Terrace of Delray Beach Nursing and Rehabilitation Center. The lawsuit was filed in the Circuit Court of the 15th Judicial Circuit in Palm Beach County, Florida on May 29, 2024.
The complaint alleges that during Phyllis Felsher's residency at The Terrace of Delray Beach Nursing and Rehabilitation Center, she suffered from various forms of neglect and mistreatment. According to Paul Felsher, Phyllis experienced the development and deterioration of infections, falls leading to unexplained injuries, and severe malnutrition resulting in weight loss. The plaintiff claims that these issues arose due to the facility's failure to develop an adequate care plan and properly monitor and supervise her treatment.
The complaint outlines that Terrace of Delray Beach Nursing and Rehabilitation Center is licensed under Chapter 400 of Florida Statutes, which sets standards for operating nursing homes. It accuses the defendant of violating these statutes by failing to provide appropriate healthcare services, prevent mental and physical abuse, comply with regulations set forth by the Department of Health and Rehabilitative Services, and treat residents with dignity.
Paul Felsher further asserts that the nursing home staff failed in multiple areas including providing fall precautions, supervising adequately to prevent falls and injuries, maintaining accurate medical records, monitoring health conditions effectively, notifying family members about significant health changes, protecting residents from foreseeable harm such as infections and malnutrition, training staff properly, retaining competent staff members, ensuring adequate staffing levels, respecting resident privacy and dignity, following physician orders accurately, documenting care appropriately according to state regulations (Florida Statute §400), E-A.C. 59-A; and federal regulations (42 C.F.R. 483), and transferring residents to hospitals timely when necessary.
As a result of these alleged failures by the defendant’s staff and management practices at The Terrace of Delray Beach Nursing and Rehabilitation Center caused Phyllis Felsher significant harm including loss of dignity; humiliation; bodily injury; pain; suffering; disability; physical impairment; disfigurement; mental anguish; inconvenience; loss of capacity for enjoyment of life; discomfort; aggravation of existing diseases or physical defects; along with medical expenses incurred for hospitalizations.
The plaintiff seeks compensatory damages exceeding $50,000 exclusive interest costs for deprivation rights under Florida law along with prejudgment interest trial jury all triable issues reserving right amend allege punitive damages later date if necessary.
Representing Paul Felsher is William A. Dean from Ford Dean & Rotundo P.A., located at North Miami Beach FL. Case Number: 502024CA004977XXXAMB Div: AA filed before Judge Joseph Abruzzo Clerk Palm Beach County Court.