A tragic case has emerged from Palm Beach County, Florida, where a nursing home is accused of negligence leading to the death of a resident. The complaint was filed by Pilar Bortone, as the Personal Representative of the Estate of Jose Castro, on June 18, 2024, against Nuvista Living at Jupiter, LLC d/b/a The Luxe at Jupiter Rehabilitation Center.
According to the court documents, Jose Castro was admitted to the defendant's nursing home in Palm Beach County. On October 22, 2022, Mr. Castro experienced a significant change in his condition marked by vomiting. The plaintiff alleges that the staff at the facility failed to accurately assess this change in condition, implement timely interventions, document changes appropriately, notify a physician about these changes, and assess the need for transferring Mr. Castro to a higher level of care promptly. This alleged negligence resulted in Mr. Castro's untimely death later that day after being transferred to a hospital where he succumbed to sepsis, respiratory failure, and pneumonia.
The complaint asserts that Nuvista Living at Jupiter was vicariously liable for all acts and omissions by its agents and employees during Mr. Castro’s residency. It further claims that the nursing home had a duty under Florida Statutes §400.023(3) to exercise reasonable care in its operations but failed to do so.
Plaintiff Pilar Bortone seeks damages exceeding $50,000 for wrongful death under Chapter 400 of Florida Statutes. She claims that Mr. Castro’s rights were violated as outlined in Section 400.022 which includes receiving adequate health care and being treated with dignity and free from abuse. Furthermore, she argues that these responsibilities include providing adequately trained staff capable of delivering such care.
The complaint details specific failures including improper hiring practices and inadequate supervision of nurses who did not meet professional standards of care required for their roles. These failures are cited as direct causes leading to Mr. Castro’s suffering and eventual death.
In addition to seeking financial compensation for medical and funeral expenses incurred due to this alleged negligence, Ms. Bortone also demands compensation for loss of companionship and mental anguish suffered by Mr. Castro’s survivors: his daughter Pilar Bortone herself; son Arturo Castro; and another daughter Silvia Castro.
Representing Ms. Bortone is Scott M. Fischer from Gordon & Partners P.A., based in Palm Beach Gardens, FL.
The case is filed under Case Number: 502024CA005745XXXAMB Div: AE.