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Filing # 57868917 E-Filed 06/16/2017 01:17:05 PM
IN THE CIRCUIT COURT OF THE
11™ JUDICIAL CIRCUIT, IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
CIVIL DIVISION
CASE NO.:
ISABEL LEVINE, as Personal
Representative of the Estate of
JOSE L. CLEMENTE, Deceased,
Plaintiff,
vs.
SENIOR HEALTH - TREASURE
ISLES, LLC. d/b/a TREASURE
ISLE CARE CENTER,
Defendant.
/
COMPLAINT
COMES NOW, the Plaintiff, ISABEL LEVINE, as Personal Representative of the Estate of
JOSE L, CLEMENTE, by and through her undersigned counsel, and sues Defendant, SENIOR
HEALTH - TREASURE ISLES, LLC. d/b/a TREASURE ISLE CARE CENTER, and alleges:
1. This action is within the jurisdiction of this court for damages in excess of Fifteen
Thousand and 00/100 Dollars ($15,000.00), exclusive of interest and costs.
2. At all times material to this cause of action, JOSE L. CLEMENTE was an adult
resident of Miami-Dade County, Florida.
3. Atall times material hereto, JOSE L. CLEMENTE was a person over sixty (60) years
of age who was suffering from the infirmities of aging to the extent that he was impaired in his
ability to adequately provide for his own care and protection.Page 2
4, JOSE L. CLEMENTE died on February 12, 2017. Atall times material to this action,
ISABEL LEVINE is the duly appointed personal representative of the Estate of JOSE L.
CLEMENTE.
5. At all times material hereto, Defendant, SENIOR HEALTH - TREASURE ISLES,
LLC., was licensed and authorized to do business as a nursing home in Florida, as TREASURE ISLE
CARE CENTER. The Defendant was in the business of owning, managing and maintaining nursing
homes and related healthcare facilities, including TREASURE ISLE CARE CENTER located in
Miami-Dade County, Florida.
6. At all times material hereto, Defendant, SENIOR HEALTH - TREASURE ISLES,
LLC., was the licensee and owner of TREASURE ISLE CARE CENTER.
7. At all times material hereto, Defendant, SENIOR HEALTH - TREASURE ISLES,
LLC., was subject to the provisions of Chapter 400 of Florida Statutes, which sets the standards for
operating nursing homes such as TREASURE ISLE CARE CENTER.
8. During JOSE L. CLEMENTE’s residency at TREASURE ISLE CARE CENTER,
the staff and employees failed to develop an adequate care plan and properly monitor and supervise
the care and treatment provided to JOSE L. CLEMENTE in order to prevent him from suffering falls
and unexplained injuries and suffering the development and deterioration of infections and sepsis.
9. As a direct result of TREASURE ISLE CARE CENTER’ s acts and omissions, JOSE
L. CLEMENTE suffered falls and unexplained injuries and suffering the development and
deterioration of infections and sepsis.Page 3
10. — This is a claim under Florida Statute §400 for violation of JOSE L. CLEMENTE's
resident's rights, based solely on custodial care issues, and any presuit pursuant to Chapter 766 is
unnecessary.
11. Plaintiff has complied with the nursing home presuit provisions set forth in Florida
Statutes §400.0233.
12. Plaintiff has satisfied all conditions precedent to the filing of this action.
13. Plaintiff's counsel certifies by signing this Complaint that a good faith investigation
into the merits of this claim was made.
14. It has been necessary for ISABEL LEVINE to retain the undersigned firm of Ford,
Dean & Rotundo, P.A., to prosecute this action and has agreed to pay said firm a reasonable fee for
its services.
COUNTI
CHAPTER 400 CLAIM AGAINST DEFENDANT,
SENIOR HEALTH - TREASURE ISLES, LLC. d/b/a TREASURE ISLE CARE CENTER
Plaintiff hereby realleges paragraphs one (1) through fourteen (14) as if fully stated herein
and further alleges:
15. Defendant has a statutorily mandated responsibility to JOSE L. CLEMENTE to
provide him with his nursing home resident's rights, as set forth in Florida Statute §400.022, which
responsibility included, but was not limited to, the following:
(a) providing adequate and appropriate healthcare and protective
and support services;
(b) preventing mental and physical abuse of JOSE L.
CLEMENTE;Page 4
(c) complying with regulations for the operation of nursing
homes promulgated by the Department of Health and
Rehabilitative Services and contained in the Florida
Administrative Code 59A-4; and
(d) treating residents courteously, fairly, and with the fullest
measure of dignity.
16. That Defendant's responsibilities to JOSE L. CLEMENTE as outlined in Florida
Statutes §400.022, are non-delegable and such that Defendants had direct liability for violations,
deprivations and infringements by any person or entity under Defendant's control, direct or indirect,
including their employees, agents, consultants and independent contractors, whether in-house or
outside entities, individuals, agencies or pools, or caused by Defendant's policies, and procedures,
whether written or unwritten, or common practices.
17. That in addition to Defendant's direct responsibility under Florida Statute §400.022
and as alleged in the preceding paragraph, Defendant had vicarious liability for the acts and
omissions of all persons or entities under Defendant's control either direct or indirect including its
employees, agents, consultants and independent contractors, whether in-house or outside entities,
individuals, agencies or pools causing any deprivations or infringements of JOSE L. CLEMENTE
resident's rights as set forth in Florida Statutes §400.022.
18. That the duty alleged in the immediately preceding paragraphs include, but are not
limited to, proper training and supervision; proper hiring, background and referral checks; and proper
retaining and dismissing of employees, agents, consultants and independent contractors, as well as
providing adequate staffing.
19. That notwithstanding the responsibility of Defendants to provide JOSE L.
CLEMENTE with his statutorily mandated nursing home resident's rights, JOSE L. CLEMENTEPage 5.
was deprived of such rights by the acts or omissions of Defendant's agents and employees which
include, but are not limited to, the following allowing JOSE L. CLEMENTE to be admitted to
Defendant’s facility when he was clearly inappropriate for admission;
a)
b)
d)
e)
8)
h)
i)
D
k)
failing to provide adequate and appropriate protective and support services
to JOSE L. CLEMENTE;
failing to develop, implement, and update an adequate and appropriate
resident care plan to meet the custodial needs of JOSE L. CLEMENTE;
failing to maintain records which contain sufficient and accurate information
to justify the diagnosis and treatment and to document the results, including
at a minimum documented evidence of assessments of the needs of the
resident, of establishment of appropriate plans of care and treatment, and of
the care and services provided;
failing to appropriately monitor JOSE L. CLEMENTE and recognize
significant signs and symptoms of change in his health condition, such as
suffering falls and and suffering the development and deterioration of
infections and sepsis;
failing to properly notify the family and physicians of JOSE L. CLEMENTE
of significant changes in his health status, such as suffering falls and and
suffering the development and deterioration of infections and sepsis;
failing to protect JOSE L. CLEMENTE from foreseeable harm, including but
not limited to suffering falls and and suffering the development and
deterioration of infections and sepsis;
failing to properly supervise staff;
failing to properly train staff;
improper retention of staff;
inadequate staffing;
failing to protect the dignity of JOSE L. CLEMENTE;
failing to protect the privacy of JOSE L. CLEMENTE;Page 6
m) failing to follow physician orders; and
n) failing to properly chart on the resident pursuant to Florida Statute § 400,
F.A.C, 59-A; and 42 C.F.R. 483.
20. Asa direct and proximate result of the failure of the Defendants to comply with the
requirements of Florida Statute §400.022, and to provide adequate and appropriate and protective
support services, JOSE L. CLEMENTE suffered damages, 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
defect; medical, hospital and nursing expenses and died on February 12, 2017.
The survivors of JOSE L. CLEMENTE are as follows:
a) Estate of Jose L. Clemente
21. The decedent’s personal representative may recover for the decedent’s estate the
following:
a) loss of earnings of the deceased from the date of injury to the date of death,
less lost support of survivors excluding contributions in kind, with interest,
loss of the prospective net accumulations of an estate which might reasonably
have been expected but for the wrongful death, reduced to present money
value may also be recovered.
b) Medical or funeral expenses due to the decedent’s injury or death that have
become a charge against her or his estate or that were paid by or on behalf of
decedent.
WHEREFORE, Plaintiff, ISABEL LEVINE, as Personal Representative of the Estate of
JOSE L. CLEMENTE, Deceased, demands judgment against Defendant, SENIOR HEALTH -
TREASURE ISLES, LLC. d/b/a TREASURE ISLE CARE CENTER, for compensatory damages
for JOSE L. CLEMENTE’ s injuries as stated above, and further demands prejudgment interest andPage 7
a trial by jury on all issues triable as a matter of right. Plaintiff reserves the right to amend to allege
a cause of action for punitive damages at a later date.
DEMAND FOR JURY TRIAL
Plaintiff, ISABEL LEVINE, as Personal Representative of the Estate of JOSE L.
CLEMENTE, hereby demands trial by jury of all issues so triable as of right.
DATED this 16th day of June, 2017. m co
~.
~.
William’. Dean, B.C.S.
Florida Bar #118354
FORD, DEAN & ROTUNDO, P.A.
Attorneys for Plaintiff
Turnberry Plaza, Suite 600
2875 N.E. 191 Street
Miami, FL 33180
Phone:(305) 670-2000
Fax: (305) 670-1353
Bill@forddean.com
Zee@forddean.com
Service@forddean.com
Preview
Filing # 57868917 E-Filed 06/16/2017 01:17:05 PM IN THE CIRCUIT COURT OF THE 11™ JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE COUNTY, FLORIDA CIVIL DIVISION CASE NO.: ISABEL LEVINE, as Personal Representative of the Estate of JOSE L. CLEMENTE, Deceased, Plaintiff, vs. SENIOR HEALTH - TREASURE ISLES, LLC. d/b/a TREASURE ISLE CARE CENTER, Defendant. / COMPLAINT COMES NOW, the Plaintiff, ISABEL LEVINE, as Personal Representative of the Estate of JOSE L, CLEMENTE, by and through her undersigned counsel, and sues Defendant, SENIOR HEALTH - TREASURE ISLES, LLC. d/b/a TREASURE ISLE CARE CENTER, and alleges: 1. This action is within the jurisdiction of this court for damages in excess of Fifteen Thousand and 00/100 Dollars ($15,000.00), exclusive of interest and costs. 2. At all times material to this cause of action, JOSE L. CLEMENTE was an adult resident of Miami-Dade County, Florida. 3. Atall times material hereto, JOSE L. CLEMENTE was a person over sixty (60) years of age who was suffering from the infirmities of aging to the extent that he was impaired in his ability to adequately provide for his own care and protection.Page 2 4, JOSE L. CLEMENTE died on February 12, 2017. Atall times material to this action, ISABEL LEVINE is the duly appointed personal representative of the Estate of JOSE L. CLEMENTE. 5. At all times material hereto, Defendant, SENIOR HEALTH - TREASURE ISLES, LLC., was licensed and authorized to do business as a nursing home in Florida, as TREASURE ISLE CARE CENTER. The Defendant was in the business of owning, managing and maintaining nursing homes and related healthcare facilities, including TREASURE ISLE CARE CENTER located in Miami-Dade County, Florida. 6. At all times material hereto, Defendant, SENIOR HEALTH - TREASURE ISLES, LLC., was the licensee and owner of TREASURE ISLE CARE CENTER. 7. At all times material hereto, Defendant, SENIOR HEALTH - TREASURE ISLES, LLC., was subject to the provisions of Chapter 400 of Florida Statutes, which sets the standards for operating nursing homes such as TREASURE ISLE CARE CENTER. 8. During JOSE L. CLEMENTE’s residency at TREASURE ISLE CARE CENTER, the staff and employees failed to develop an adequate care plan and properly monitor and supervise the care and treatment provided to JOSE L. CLEMENTE in order to prevent him from suffering falls and unexplained injuries and suffering the development and deterioration of infections and sepsis. 9. As a direct result of TREASURE ISLE CARE CENTER’ s acts and omissions, JOSE L. CLEMENTE suffered falls and unexplained injuries and suffering the development and deterioration of infections and sepsis.Page 3 10. — This is a claim under Florida Statute §400 for violation of JOSE L. CLEMENTE's resident's rights, based solely on custodial care issues, and any presuit pursuant to Chapter 766 is unnecessary. 11. Plaintiff has complied with the nursing home presuit provisions set forth in Florida Statutes §400.0233. 12. Plaintiff has satisfied all conditions precedent to the filing of this action. 13. Plaintiff's counsel certifies by signing this Complaint that a good faith investigation into the merits of this claim was made. 14. It has been necessary for ISABEL LEVINE to retain the undersigned firm of Ford, Dean & Rotundo, P.A., to prosecute this action and has agreed to pay said firm a reasonable fee for its services. COUNTI CHAPTER 400 CLAIM AGAINST DEFENDANT, SENIOR HEALTH - TREASURE ISLES, LLC. d/b/a TREASURE ISLE CARE CENTER Plaintiff hereby realleges paragraphs one (1) through fourteen (14) as if fully stated herein and further alleges: 15. Defendant has a statutorily mandated responsibility to JOSE L. CLEMENTE to provide him with his nursing home resident's rights, as set forth in Florida Statute §400.022, which responsibility included, but was not limited to, the following: (a) providing adequate and appropriate healthcare and protective and support services; (b) preventing mental and physical abuse of JOSE L. CLEMENTE;Page 4 (c) complying with regulations for the operation of nursing homes promulgated by the Department of Health and Rehabilitative Services and contained in the Florida Administrative Code 59A-4; and (d) treating residents courteously, fairly, and with the fullest measure of dignity. 16. That Defendant's responsibilities to JOSE L. CLEMENTE as outlined in Florida Statutes §400.022, are non-delegable and such that Defendants had direct liability for violations, deprivations and infringements by any person or entity under Defendant's control, direct or indirect, including their employees, agents, consultants and independent contractors, whether in-house or outside entities, individuals, agencies or pools, or caused by Defendant's policies, and procedures, whether written or unwritten, or common practices. 17. That in addition to Defendant's direct responsibility under Florida Statute §400.022 and as alleged in the preceding paragraph, Defendant had vicarious liability for the acts and omissions of all persons or entities under Defendant's control either direct or indirect including its employees, agents, consultants and independent contractors, whether in-house or outside entities, individuals, agencies or pools causing any deprivations or infringements of JOSE L. CLEMENTE resident's rights as set forth in Florida Statutes §400.022. 18. That the duty alleged in the immediately preceding paragraphs include, but are not limited to, proper training and supervision; proper hiring, background and referral checks; and proper retaining and dismissing of employees, agents, consultants and independent contractors, as well as providing adequate staffing. 19. That notwithstanding the responsibility of Defendants to provide JOSE L. CLEMENTE with his statutorily mandated nursing home resident's rights, JOSE L. CLEMENTEPage 5. was deprived of such rights by the acts or omissions of Defendant's agents and employees which include, but are not limited to, the following allowing JOSE L. CLEMENTE to be admitted to Defendant’s facility when he was clearly inappropriate for admission; a) b) d) e) 8) h) i) D k) failing to provide adequate and appropriate protective and support services to JOSE L. CLEMENTE; failing to develop, implement, and update an adequate and appropriate resident care plan to meet the custodial needs of JOSE L. CLEMENTE; failing to maintain records which contain sufficient and accurate information to justify the diagnosis and treatment and to document the results, including at a minimum documented evidence of assessments of the needs of the resident, of establishment of appropriate plans of care and treatment, and of the care and services provided; failing to appropriately monitor JOSE L. CLEMENTE and recognize significant signs and symptoms of change in his health condition, such as suffering falls and and suffering the development and deterioration of infections and sepsis; failing to properly notify the family and physicians of JOSE L. CLEMENTE of significant changes in his health status, such as suffering falls and and suffering the development and deterioration of infections and sepsis; failing to protect JOSE L. CLEMENTE from foreseeable harm, including but not limited to suffering falls and and suffering the development and deterioration of infections and sepsis; failing to properly supervise staff; failing to properly train staff; improper retention of staff; inadequate staffing; failing to protect the dignity of JOSE L. CLEMENTE; failing to protect the privacy of JOSE L. CLEMENTE;Page 6 m) failing to follow physician orders; and n) failing to properly chart on the resident pursuant to Florida Statute § 400, F.A.C, 59-A; and 42 C.F.R. 483. 20. Asa direct and proximate result of the failure of the Defendants to comply with the requirements of Florida Statute §400.022, and to provide adequate and appropriate and protective support services, JOSE L. CLEMENTE suffered damages, 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 defect; medical, hospital and nursing expenses and died on February 12, 2017. The survivors of JOSE L. CLEMENTE are as follows: a) Estate of Jose L. Clemente 21. The decedent’s personal representative may recover for the decedent’s estate the following: a) loss of earnings of the deceased from the date of injury to the date of death, less lost support of survivors excluding contributions in kind, with interest, loss of the prospective net accumulations of an estate which might reasonably have been expected but for the wrongful death, reduced to present money value may also be recovered. b) Medical or funeral expenses due to the decedent’s injury or death that have become a charge against her or his estate or that were paid by or on behalf of decedent. WHEREFORE, Plaintiff, ISABEL LEVINE, as Personal Representative of the Estate of JOSE L. CLEMENTE, Deceased, demands judgment against Defendant, SENIOR HEALTH - TREASURE ISLES, LLC. d/b/a TREASURE ISLE CARE CENTER, for compensatory damages for JOSE L. CLEMENTE’ s injuries as stated above, and further demands prejudgment interest andPage 7 a trial by jury on all issues triable as a matter of right. Plaintiff reserves the right to amend to allege a cause of action for punitive damages at a later date. DEMAND FOR JURY TRIAL Plaintiff, ISABEL LEVINE, as Personal Representative of the Estate of JOSE L. CLEMENTE, hereby demands trial by jury of all issues so triable as of right. DATED this 16th day of June, 2017. m co ~. ~. William’. Dean, B.C.S. Florida Bar #118354 FORD, DEAN & ROTUNDO, P.A. Attorneys for Plaintiff Turnberry Plaza, Suite 600 2875 N.E. 191 Street Miami, FL 33180 Phone:(305) 670-2000 Fax: (305) 670-1353 Bill@forddean.com Zee@forddean.com Service@forddean.com