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FLORIDA RECORD

Thursday, September 26, 2024

Palm Beach Resident Sues Local Nursing Home for Alleged Neglect Leading to Severe Infections

State Court
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A Palm Beach County resident has filed a lawsuit against a local nursing home, alleging severe neglect and mistreatment. James Tuccinardi lodged the complaint on September 9, 2024, in the Circuit Court of the 15th Judicial Circuit in Palm Beach County, Florida, targeting Westgate Operations, LLC, which operates as Westgate Health and Rehabilitation Center.

According to the complaint, Tuccinardi claims that during his residency at Westgate Health and Rehabilitation Center, the staff failed to develop an adequate care plan and properly monitor his health. This alleged negligence led to the development and deterioration of infections and wounds. The plaintiff asserts that these failures constitute violations of Florida Statute §400, which sets standards for operating nursing homes. "As a direct result of Westgate Health and Rehabilitation Center’s acts and omissions," the complaint states, "James Tuccinardi suffered the development and deterioration of infections and wounds."

Tuccinardi's lawsuit details numerous instances of alleged neglect. He accuses Westgate Operations of failing to provide essential healthcare services such as turning programs to prevent wounds, appropriate bedding and protective devices, timely recognition and treatment of wounds, proper hygiene maintenance to prevent skin breakdown due to contact with feces and urine, adequate supervision, protective support services, comprehensive care plans tailored to his needs, accurate medical records keeping, monitoring significant changes in health conditions like infections or wounds deterioration, notifying family members or physicians about significant health status changes promptly, protecting him from foreseeable harm including further infection or wound deterioration.

The plaintiff argues that these failures have caused him significant harm including loss of dignity; humiliation; bodily injury; pain and suffering; disability; physical impairment; disfigurement; mental anguish; inconvenience; loss of capacity to enjoy life; discomfort; aggravation of existing diseases or physical defects; medical expenses.

Tuccinardi is seeking compensatory damages for these alleged violations along with prejudgment interest. He also demands a jury trial on all issues triable by right. His legal representation comes from Ford Dean & Rotundo P.A., who assert that they have conducted a good faith investigation into the merits of this claim before filing it.

The Case Number is 502024CA008563XXXAMB Div: AN.

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