A recent court filing reveals a harrowing tale of alleged neglect and substandard care at a rehabilitation center in Palm Beach County, Florida. The complaint, filed by Joyce McCracken on July 19, 2024, in the Circuit Court of the 15th Judicial Circuit, names Wellington Rehab and Health Center LLC d/b/a Luxe at Wellington Rehabilitation Center and Wellington Rehab Holding Partners, LLC as defendants.
According to the complaint, Joyce McCracken, an elderly resident of Palm Beach County over the age of 80, was admitted to Luxe at Wellington Rehabilitation Center for rehabilitation following surgery for a fractured left ankle on March 2, 2022. During her stay, McCracken alleges that she suffered severe injuries due to the facility's failure to provide appropriate medical attention and adequate care. On May 14, 2022, McCracken fell in the bathroom while being improperly assisted or not assisted by a nursing home employee. This fall resulted in a right distal fibular fracture that required emergency medical treatment and hospitalization.
The lawsuit details multiple failures on the part of Luxe at Wellington Rehabilitation Center's staff. It claims that employees did not render appropriate care or follow doctors' orders and failed to utilize proper safety devices to prevent falls. As a result of these alleged shortcomings, McCracken sustained permanent injuries requiring surgery.
McCracken’s complaint accuses the defendants of violating Florida Statute §400.022, which mandates nursing homes to provide adequate healthcare and protective services while treating residents with dignity and respect. The plaintiff asserts that Luxe at Wellington Rehabilitation Center failed in its statutory responsibilities by not providing adequate support services and failing to prevent mental and physical abuse.
In addition to direct liability for violations under Florida Statute §400.022, McCracken’s lawsuit claims vicarious liability for acts committed by employees or agents under the control of Luxe at Wellington Rehabilitation Center. The complaint outlines numerous specific allegations against the facility including inadequate staffing, improper training and supervision of staff, failure to implement fall prevention measures, failure to maintain proper records documenting patient care, and negligence in providing medical services.
McCracken is seeking compensatory damages for bodily injury, pain and suffering, disability, disfigurement, mental anguish, loss of capacity to enjoy life, medical expenses among other damages caused by what she describes as negligence on part of Luxe at Wellington Rehabilitation Center.
The case is being handled by Richard B. Sharp from Mallard & Sharp P.A., representing Joyce McCracken. The presiding judge has yet to be named but will oversee Case No.: 502024CA006820XXXAMB Div: AJ.