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Friday, September 20, 2024

Assisted Living Facility Faces Lawsuit Over Alleged Neglect Leading to Severe Injuries

State Court
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A Florida resident has filed a lawsuit against an assisted living facility and its management company, alleging severe neglect and violations of state laws. Norman Moser filed the complaint in the Circuit Court of the 6th Judicial Circuit in Pinellas County, Florida, on July 29, 2024, targeting Embassy Indian Oaks, LLC doing business as Indian Oaks, and Embassy Healthcare, Inc.

According to the complaint, Moser was a resident at the defendant's assisted living facility in Pinellas County. The plaintiff alleges that both the licensee (Embassy Indian Oaks) and the management company (Embassy Healthcare) failed to provide adequate care and supervision required under Chapter 429 of Florida Statutes. Moser claims that these failures led to multiple preventable injuries including skin breakdowns, falls resulting in fractures, and a dislocated shoulder.

The lawsuit details various accusations against both defendants. It asserts that they were responsible for admitting residents inappropriate for their level of care, failing to prevent physical injury and abuse, not properly assessing or treating skin conditions like pressure ulcers and infections, and neglecting to supervise at-risk residents adequately. "Defendants owed a duty to provide reasonable care," states the complaint. However, it alleges that this duty was grossly neglected through actions such as failing to document injuries or inform family members about serious changes in condition.

Moser’s legal team argues that these alleged lapses resulted from systemic issues within the facility's operations managed by Embassy Healthcare. They claim that management controlled staffing levels inadequately and failed to ensure proper training for employees. The plaintiff is seeking damages exceeding $50,000 exclusive of costs, interest, and attorney’s fees for bodily injury, pain and suffering, disability, mental anguish among other non-economic damages.

Represented by Dylan J. Hanson from Senior Justice Law Firm based in Boca Raton, Moser demands a jury trial for all triable issues. 

The case is being overseen by Judge Ken Burke under Case Number 24-003329-CI.

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