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FLORIDA RECORD

Thursday, September 19, 2024

Estate Sues Nursing Home Operator Over Alleged Negligence Leading To Resident's Death

State Court
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A new lawsuit has been filed alleging severe negligence and misconduct at a nursing home, leading to the tragic death of a resident. The Estate of Jean C. Milkovich, represented by David L. Milkovich, lodged the complaint in the Circuit Court of the Fifteenth Judicial Circuit in Palm Beach County, Florida on August 6, 2024, against Lifespace Communities Inc., Lifespace Inc., Hammad Shah, and Rita Diana Hollingsworth.

The case revolves around Jean C. Milkovich's stay at Abbey Delray, a nursing home operated by Lifespace Communities Inc., from December 15, 2022, until her discharge on April 13, 2023. According to the complaint, Jean suffered significant neglect and inadequate care during her stay which allegedly led to her death on February 16, 2024. The plaintiff accuses the defendants of multiple breaches of duty including failure to supervise staff properly and ensure sufficient staffing levels to meet residents' needs. Specific allegations include failing to provide a safe environment for Jean C. Milkovich, neglecting to monitor changes in her condition adequately, and not responding appropriately to those changes.

David L. Milkovich claims that these failures were part of a broader pattern where the defendants prioritized financial gains over residents' well-being. "Defendants endangered residents by failing to use reasonable care in accepting and keeping residents in order to obtain maximum census levels," reads one part of the complaint. The plaintiff also asserts that Lifespace Communities Inc., alongside its related entities and administrators Hammad Shah and Rita Diana Hollingsworth, committed tortious acts within Florida jurisdiction.

The lawsuit seeks various forms of relief including damages for bodily injury, pain and suffering endured by Jean C. Milkovich before her death as well as wrongful death damages for surviving family members who have suffered loss of support and companionship. Additionally, the plaintiff demands judgment for economic injuries resulting from alleged fiduciary breaches by Lifespace Communities Inc., which purportedly misused funds meant for Jean’s care.

Representing the plaintiff is Rainey C. Booth Jr., Esq., from Mendes Reins & Wilander PLLC based in Tampa, Florida. The case is presided over by Judge Anthony R Mole under Case ID: 502024CA007414XXXAMB Div: AG.

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