A tragic case of alleged neglect has surfaced involving a nursing home facility accused of failing to provide adequate care, leading to the death of an elderly resident. Marie-Luise Krivobok filed a complaint in the Circuit Court of the Sixth Judicial Circuit in Pasco and Pinellas Counties, Florida, on September 20, 2024, against Colonial Care NH, LLC, doing business as Lexington Health and Rehab Center, and Greystone Tribeca Acquisition II, LLC.
Marie-Luise Krivobok's lawsuit details the harrowing final days of her husband George Krivobok's life at Lexington Health and Rehab Center. The complaint alleges that from January 17 to January 24, 2022, George Krivobok was subjected to gross negligence by the facility's staff. Upon his admission, George had a small pressure wound on his sacrum and heel. His medical history included dementia, kidney disease, diabetes, muscle weakness, and peripheral neuropathy. Despite knowing his high risk for pressure ulcers due to limited mobility and other health issues, the facility allegedly failed to implement necessary care protocols.
The plaintiff accuses Lexington Health and Rehab Center of multiple violations of Chapter 400 of Florida Statutes by not adhering to professional standards required for preventing pressure ulcers. "Defendants failed to establish and/or implement a care and treatment plan that complied with the applicable standard of care," states the complaint. The document further reveals that during Mr. Krivobok’s stay at the facility, he developed severe necrotic wounds due to inadequate repositioning and monitoring by nursing staff.
Adding weight to these allegations are records from the Centers for Medicare & Medicaid Services (CMS), which show that Lexington Health and Rehab Center had been fined $37,200 between June 7, 2021, and April 4, 2022. CMS issued numerous deficiencies against the facility for failing to meet acceptable standards of care. One month before Mr. Krivobok’s admission, CMS reported deficiencies related to abuse reporting failures at the facility.
Marie-Luise Krivobok is seeking monetary damages exceeding $50,000 for negligence resulting in her husband's pain and suffering leading up to his death on February 12, 2022. The lawsuit demands judgment against both defendants for their failure to provide adequate care as promised when they admitted Mr. Krivobok into their facility.
Representing Marie-Luise Krivobok is attorney Nicole Devinette from Smith Clinesmith LLP based in Dallas, Texas. The case has been assigned Case Number: 24-004254-CI under Judge Lauren C Laughlin in Pinellas County Circuit Court.