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FLORIDA RECORD

Thursday, September 19, 2024

Nursing Home Accused of Negligence Leading to Resident's Death

State Court
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A wrongful death lawsuit has been filed against a Florida nursing home, alleging severe negligence and violations of residents' rights. Catherine Ross, as the Personal Representative of the Estate of Jean Ross, initiated the complaint on August 21, 2024, in the Circuit Court for Palm Beach County against Gardens Court Medical Investors, LLC, doing business as The Gardens Court.

According to the complaint, Jean Ross was a resident at The Gardens Court during April and May 2023. She was suffering from aging-related infirmities that impaired her ability to care for herself. The plaintiff alleges that the defendant failed to provide adequate care and support services mandated by Florida statutes and federal regulations. Specifically, it is claimed that Jean Ross developed severe pressure sores which led to infection and sepsis due to inadequate care provided by the nursing home staff. Additionally, the lawsuit accuses the facility of failing to provide proper nutrition, hydration, and timely medical intervention.

The complaint details numerous alleged failures by The Gardens Court including neglecting to turn and position Jean Ross appropriately to prevent pressure sores, not providing necessary medical devices like proper mattresses or protective equipment, and failing to maintain cleanliness which led to skin breakdowns due to constant contact with feces and urine. It also highlights issues such as losing Jean Ross's lower denture twice without replacement, leading to dietary changes that contributed further to her health decline.

Catherine Ross claims that these cumulative negligent acts directly resulted in Jean Ross's death on June 14, 2023. She asserts that Gardens Court Medical Investors had both direct and vicarious liability for these failures under their statutory obligations as a licensed nursing home operator in Florida. Furthermore, she states that an investigation conducted before filing gave rise to a good faith belief in significant violations of residents' rights and negligence in care.

The plaintiff seeks judgment for wrongful death damages including costs and prejudgment interest. Additionally, Catherine Ross reserves the right to amend the complaint later for punitive damages if necessary. The survivors named in this case include Catherine Ross herself along with Mary Richards and Michael Ross who are all adult children of Jean Ross.

Representing Catherine Ross is attorney Jack De La Piedra from De La Piedra Law Firm P.A., based in Gulf Breeze, FL. 

The Case Number is 502024CA007917XXXAMB Div: AE.

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