Preview
Filing # 101338851 E-Filed 01/08/2020 03:44:51 PM
IN THE CIRCUIT COURT OF THE
17™ JUDICIAL CIRCUIT, IN AND FOR
BROWARD COUNTY, FLORIDA
CIVIL DIVISION
CASE NO.: CACE-18-001878
JESUS CABRERA as Personal
Representative of the Estate of
RAMON CABRERA, Deceased,
Plaintiff,
vs.
JACK MICHEL, M.D., REHABILITATION
CENTER AT HOLLYWOOD HILLS, LLC.,
and LARKIN COMMUNITY HOSPITAL, INC.
d/b/a LARKIN COMMUNITY HOSPITAL,
Defendants.
/
AMENDED COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL
COMES NOW the Plaintiff, JESUS CABRERA as Personal Representative of the Estate of
RAMON CABRERA, Deceased, by and through undersigned counsel, and sues Defendants, JACK
MICHEL, M.D., REHABILITATION CENTER AT HOLLYWOOD HILLS, LLC., and LARKIN
COMMUNITY HOSPITAL, INC. d/b/a LARKIN COMMUNITY HOSPITAL, 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, RAMON CABRERA was an adult resident of
Broward County, Florida.
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 01/08/2020 03:44:51 PM.****Page 2
Atall times material hereto, RAMON CABRERA was aperson 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.
RAMON CABRERA died on July 15, 2017. At all times material to this action, JESUS
CABRERA is the duly appointed Personal Representative of the Estate of RAMON
CABRERA.
Atall times material hereto, Defendant, REHABILITATION CENTER AT HOLLY WOOD
HILLS, LLC. was licensed and authorized to do business as a nursing home in Broward
County, Florida, as REHABILITATION CENTER AT HOLLYWOOD HILLS, LLC. The
Defendant was in the business of owning, managing and maintaining nursing homes and
related healthcare facilities, including REHABILITATION CENTER AT HOLLYWOOD
HILLS, LLC. located in Broward County, Florida.
Atall times material hereto, Defendant, REHABILITATION CENTER AT HOLLYWOOD
HILLS, LLC., was the licensee and owner of REHABILITATION CENTER AT
HOLLYWOOD HILLS, LLC.
Atall times material hereto, Defendant, REHABILITATION CENTER AT HOLLYWOOD
HILLS, LLC. was subject to the provisions of Chapter §400 of Florida Statutes, which sets
the standards for operating nursing homes such REHABILITATION CENTER AT
HOLLYWOOD HILLS, LLC.10.
11.
Page 3
Attached hereto as Exhibit “1" is the Sunbiz.org filing for the Defendant licensee which
unequivocally states JACK MICHEL, M.D. is the “Managing Employee” of the Defendant
licensee, REHABILITATION CENTER AT HOLLYWOOD HILLS, LLC.
At all times material hereto, Defendant, JACK MICHEL, M.D., was solely responsible for
creating and implementing the budget, staffing, policies and procedures for the Defendant,
Nursing Home facility.
JACK MICHEL, M.D. had a duty to ensure that REHABILITATION CENTER AT
HOLLYWOOD HILLS, LLC.’s policies and procedures were implemented and followed;
that the Defendant Nursing Home was properly staffed; that the Defendant Nursing Home’s
yearly budget was properly funded to ensure the residents received appropriate care,
treatment, and supervision; that the facility’s physical plant was adequate to provide a safe
and decent living environment, and to protect the nursing home residents.
JACK MICHEL, M.D. breached the duty to ensure that REHABILITATION CENTER AT
HOLLYWOOD HILLS, LLC. policies and procedures were implemented and followed;
failed to properly staff the Defendant Nursing Home; failed to properly fund the Defendant
Nursing Home’s yearly budget to ensure the residents received appropriate care, treatment,
and supervision; failed to ensure that the facility’s physical plant was adequate; and, failed
to protect the Nursing Home residents. Asa result, pursuant to Estate of Canavan v. National
Healthcare Corp., 899 So.2d 825 (Fla. 2"! DCA 2004) Defendant, JACK MICHEL, M.D.’s
negligence constitutes tortuous conduct which is not shielded from liability.12.
13.
14,
15.
16.
Page 4
Further, Florida Statute §400.023 (the controlling civil enforcement section) unequivocally
states:
An exclusive cause of action for negligence or a violation of residents’
rights, as specified under this part, which alleges direct or vicarious
liability for the personal injury or death of a nursing home resident arising
from such negligence or violation of rights and which seeks damages for
such injury or death may be brought only against the licensee, the
licensee’s management or consulting company, the licensee’s managing
employees, and any direct care givers, whether employees or contractors.
As aresult, since JACK MICHEL, M.D.., is the Managing Employee of Defendant licensee,
REHABILITATION CENTER AT HOLLYWOOD HILLS, LLC., he is subject to the
provisions of Chapter §400 of the Florida Statutes which sets the standards for operating
Nursing Homes in the State of Florida such as REHABILITATION CENTER AT
HOLLYWOOD HILLS, LLC. and can be sued as a Defendant pursuant to Florida Statute
§ 400.023.
Upon admission, the Defendant Nursing Home had the Plaintiff execute a disclosure of
financial investment form attached hereto as Exhibit “2".
Said financial disclosure form unequivocally states that “Larkin Community Hospital is the
owner of Rehabilitation Center at Hollywood Hills.”
Due to this financial disclosure form, Larkin Community Hospital, as “owner” of the
Defendant Nursing Home, is subject to the provisions of Florida Statute Chapter §400 which
sets the standards for Nursing Home owners.17.
18.
19,
19,
Page 5
At all times material hereto, Defendant, LARKIN COMMUNITY HOSPITAL, INC. d/b/a
LARKIN COMMUNITY HOSPITAL, was also the Owner and Management Company of
the licensee, REHABILITATION CENTER AT HOLLYWOOD HILLS, LLC., and was a
resident of Miami-Dade County, Florida.
At all times material hereto, Defendant, LARKIN COMMUNITY HOSPITAL, INC. d/b/a
LARKIN COMMUNITY HOSPITAL, was also responsible for creating and implementing
the budget, staffing, policies and procedures for the Defendant, Nursing Home facility.
LARKIN COMMUNITY HOSPITAL, INC. d/b/a LARKIN COMMUNITY HOSPITAL had
a duty to ensure that REHABILITATION CENTER AT HOLLYWOOD HILLS, LLC.’s
policies and procedures were implemented and followed; that the Defendant Nursing Home
was properly staffed; that the Defendant Nursing Home’s yearly budget was properly funded
to ensure the residents received appropriate care, treatment, and supervision; that the
facility’s physical plant, (i.e. air conditioners and generators), was adequate to provide a safe
and decent living environment; and to protect the Nursing Home residents.
LARKIN COMMUNITY HOSPITAL, INC. d/b/a LARKIN COMMUNITY HOSPITAL
breached the duty to ensure that REHABILITATION CENTER AT HOLLYWOOD HILLS,
LLC. policies and procedures were implemented and followed; failed to properly staff the
Defendant Nursing Home; failed to properly fund the Defendant Nursing Home’s yearly
budget to ensure the residents received appropriate care, treatment, and supervision; failed
to ensure that the facility’s physical plant was adequate; and, failed to protect the Nursing
Home residents. Asa result, pursuant to Estate of Canavan v. National Healthcare Corp., 89920.
21.
22.
Page 6
So.2d 825 (Fla. 2°" DCA 2004) Defendant, JACK MICHEL, M.D.’s negligence constitutes
tortuous conduct which is not shielded from liability.
As a result, since LARKIN COMMUNITY HOSPITAL, INC. d/b/a LARKIN
COMMUNITY HOSPITAL is the Owner and Management Company of Defendant licensee,
REHABILITATION CENTER AT HOLLYWOOD HILLS, LLC., he is subject to the
provisions of Chapter §400 of the Florida Statutes which sets the standards for operating
Nursing Homes in the State of Florida such as REHABILITATION CENTER AT
HOLLYWOOD HILLS, LLC. and can be sued as a Defendant pursuant to Florida Statute
§400.023.
CARE FAILURES
During RAMON CABRERA’s residency at REHABILITATION CENTER AT
HOLLYWOOD HILLS, LLC., the staff and employees failed to develop an adequate care
plan and properly monitor and supervise the care and treatment provided to RAMON
CABRERA in order to ensure that he received appropriate medical care and treatment and
to timely transfer him to the hospital when his condition deteriorated.
Asadirect result of REHABILITATION CENTER AT HOLLYWOOD HILLS, LLC.’S acts
and omissions, RAMON CABRERA suffered the development and deterioration of a stroke
on July 7, 2017, which was not timely diagnosed, addressed or treated by the Defendants.
COUNTI
CHAPTER §400 CLAIM AGAINST DEFENDANT,
JACK MICHEL, M.D.
The Plaintiff hereby re-alleges paragraphs one (1) through eighteen (18) as if fully stated
herein and further alleges:23.
24.
25.
Page 7
Defendant had a statutorily mandated responsibility to RAMON CABRERA 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 RAMON
CABRERA ;
(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.
That Defendant’s responsibilities to RAMON CABRERA , as outlined in Florida Statutes
§400.022, were non-delegable and such that Defendant 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.
That in addition to Defendant’s direct responsibility under Florida Statute §400.022 and as
alleged in the preceding paragraph, the 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-house26.
27.
Page 8
or outside entities, individuals, agencies or pools causing any deprivations or infringements
of RAMON CABRERA ’s residents rights as set forth in Florida Statutes §400.022.
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.
That notwithstanding the responsibility of the Defendant to provide RAMON CABRERA
with his statutorily mandated nursing home residents rights, RAMON CABRERA was
deprived of such rights by the acts or omissions of Defendants! agents and employees which
include, but are not limited to, the following:
a)
b)
c)
qd)
°)
failing to prevent unexplained injuries to RAMON CABRERA;
failure to properly supervise RAMON CABRERA;
failing to provide adequate and appropriate protective and support services to
RAMON CABRERA;
failing to develop, implement, and update an adequate and appropriate resident care
plans to meet the custodial needs of RAMON CABRERA;
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;28.
8)
h)
dD
k)
gy
Page 9
failing to appropriately monitor RAMON CABRERA nd recognize significant
signs and symptoms of change in his health condition, such as developing
pneumonia, dehydration, heat stroke and a sudural hemorrhage;
failing to properly notify the family and physicians of RAMON CABRERA of
significant changes in his health status, such as suffering dehydration, fever and
altered mental status resulting in RAMON CABRERA;
failing to protect RAMON CABRERA from foreseeable harm, including but not
limited to suffering infection, pneumonia, heat stroke, dehydration and sepsis;
failing to properly supervise staff;
failing to properly train staff;
failing to ensure that the nursing home had adequate equipment and physical plant
to meet the care needs of RAMON CABRERA;
Inadequate staffing;
failing to protect the dignity of RAMON CABRERA;
failing to protect the privacy of RAMON CABRERA;
failing to follow physician orders;
failing to properly chart on the resident pursuant to Florida Statute § 400, F.A.C. 59-
A; and 42 C.F.R. 483; and
failing to keep RAMON CABRERA safe.
As a direct and proximate result of the failure of the Defendant to comply with the
requirements of Florida Statute §400.022, and to provide adequate and appropriate and
protective support services, RAMON CABRERA suffered damages, including loss of
dignity; humiliation; bodily injury; pain and suffering, disability, physical impairment;29.
30.
31.
32.
33.
Page 10
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 .
The survivors of RAMON CABRERA are as follows:
a) Jesus Cabrera, Son
b) Beatriz Cabrera, Daughter
c) Martin Cabrera, Son
d) Lidia Hazzard, Daughter
e) Maria Milian, Wife
Each survivor may recover the value of lost support and services from the date of the
decedent’s injury to his death, with interest, and future loss of support and services from the
date of death and reduced to present value.
The surviving spouse may also recover for loss of the decedent’s companionship and
protection and for the mental pain and suffering from the date of injury.
Minor children of the decedent, and all children of the decedent if there is no surviving
spouse, may also recover for lost of parental companionship, instruction, and guidance and
for mental pain and suffering from the date of injury.
The decedent’s personal representative may recover for the decedent’s estate the
following:Page 11
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, JESUS CABRERA , as Personal Representative of the Estate of
RAMON CABRERA , demands judgment against Defendant, JACK MICHEL, M.D., for all
compensatory damages allowed by law for the deprivation of RAMON CABRERA’ rights as stated
above, and further demands prejudgment interest and 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.
COUNT II
CHAPTER §400 CLAIM AGAINST DEFENDANT,
REHABILITATION CENTER AT HOLLYWOOD HILLS, LLC.
The Plaintiff hereby re-alleges paragraphs one (1) through eighteen (18) as if fully stated herein and
further alleges:
34. | TheDefendanthas a statutorily mandated responsibility to RAMON CABRERA 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;35.
36.
37.
Page 12
(b) preventing mental and physical abuse of RAMON
CABRERA ;
(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.
That the Defendants’ responsibilities to RAMON CABRERA , 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 Defendants’ 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 Defendants’
policies, and procedures, whether written or unwritten, or common practices.
That in addition to Defendants’ direct responsibility under Florida Statute §400.022 and as
alleged in the preceding paragraph, the Defendant had vicarious liability for the acts and
omissions of all persons or entities under Defendants’ 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 RAMON CABRERA ’s residents rights as set forth in Florida Statutes §400.022.
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.38.
Page 13
That notwithstanding the responsibility of the Defendants’ to provide RAMON CABRERA
with his statutorily mandated nursing home residents rights, RAMON CABRERA was
deprived of such rights by the acts or omissions of Defendants' agents and employees which
include, but are not limited to, the following:
a)
b)
c)
d)
°)
8)
h)
D
k)
failing to prevent unexplained injuries to RAMON CABRERA;
failure to properly supervise RAMON CABRER ;
failing to provide adequate and appropriate protective and support services to
RAMON CABRERA;
failing to develop, implement, and update an adequate and appropriate resident care
plans to meet the custodial needs of RAMON CABRERA;
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 RAMON CABRERA and recognize significant signs
and symptoms of change in his health condition, such as suffering falls and
unexplained injuries resulting in RAMON CABRERA suffering the development
and deterioration of a stroke which was not properly or timely identified or treated
by the Defendant nursing home;
failing to properly notify the family and physicians of RAMON CABRERA’s of
significant changes in his health status, such as suffering falls and unexplained
injuries resulting in RAMON CABRERA suffering the development and
deterioration of a stroke which was not properly or timely identified or treated by the
Defendant nursing home;
failing to protect RAMON CABRERA from foreseeable harm, including but not
limited to suffering falls and unexplained injuries resulting in RAMON CABRERA
suffering the development and deterioration of a stroke which was not properly or
timely identified or treated by the Defendant nursing home;
failing to properly supervise staff;
failing to properly train staff;
improper retention of staff;39.
40.
Page 14
1) Inadequate staffing;
m) failing to protect the dignity of RAMON CABRERA;
n) failing to protect the privacy of RAMON CABRERA;
0) failing to follow physician orders;
p) failing to properly chart on the resident pursuant to Florida Statute § 400, F.A.C. 59-
A; and 42 C.F.R. 483; and
q) failing to keep RAMON CABRERA safe.
As a 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, RAMON CABRERA 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 July 15, 2017.
The survivors of RAMON CABRERA are as follows:
a) Jesus Cabrera, Son
b) Beatriz Cabrera, Daughter
c) Martin Cabrera, Son
d) Lidia Hazzard, Daughter
e) Maria Milian, Wife41.
42.
43.
44.
Page 15
Each survivor may recover the value of lost support and services from the date of the
decedent’s injury to his death, with interest, and future loss of support and services from the
date of death and reduced to present value.
The surviving spouse may also recover for loss of the decedent’s companionship and
protection and for the mental pain and suffering from the date of injury.
Minor children of the decedent, and all children of the decedent if there is no surviving
spouse, may also recover for lost of parental companionship, instruction, and guidance and
for mental pain and suffering from the date of injury.
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, JESUS CABRERA, as Personal Representative of the Estate of
RAMON CABRERA , demands judgment against Defendants, REHABILITATION CENTER AT
HOLLYWOOD HILLS, LLC., for all compensatory damages allowed by law for the deprivation of
RAMON CABRERA’s rights as stated above, and further demands prejudgment interest anda trialPage 16
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.
COUNT II
CHAPTER §400 CLAIM AGAINST DEFENDANT,
LARKIN COMMUNITY HOSPITAL, INC. d/b/a LARKIN COMMUNITY HOSPITAL
The Plaintiff hereby re-alleges paragraphs one (1) through eighteen (18) as if fully stated herein and
further alleges:
45. As the owner of the Nursing Home, the Defendant has a statutorily mandated responsibility
to RAMON CABRERA 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 RAMON
CABRERA ;
(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.
46. That the Defendant’s responsibilities to RAMON CABRERA , as outlined in Florida Statutes47.
48.
49.
Page 17
§400.022, are non-delegable and such that Defendants had direct liability for violations,
deprivations and infringements by any person or entity under Defendants’ 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 Defendants’ policies,
and procedures, whether written or unwritten, or common practices.
That in addition to the Defendant’s direct responsibility under Florida Statute §400.022 and
as alleged in the preceding paragraph, the Defendants had vicarious liability for the acts and
omissions of all persons or entitics under the 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 RAMON CABRERA’s resident’s rights as set forth in Florida Statutes §400.022.
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.
That notwithstanding the responsibility of the Defendants to provide RAMON CABRERA
with his statutorily mandated nursing home resident's rights, RAMON CABRERA was
deprived of such rights by the acts or omissions of the Defendant’s agents and employees
which include, but are not limited to, the following:
a) failing to prevent unexplained injuries to RAMON CABRERA;b)
°)
qd)
e)
g)
h)
Page 18
failure to properly supervise RAMON CABRERA;
failing to provide adequate and appropriate protective and support services to
RAMON CABRERA ;
failing to develop, implement, and update an adequate and appropriate resident care
plans to meet the custodial needs of RAMON CABRERA;
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 RAMON CABRERA nd recognize significant
signs and symptoms of change in his health condition, such as suffering falls and
unexplained injuries resulting in RAMON CABRERA suffering the development
and deterioration of a stroke which was not properly or timely identified or treated
by the Defendant nursing home;
failing to properly notify the family and physicians of RAMON CABRERA ’s of
significant changes in his health status, such as suffering falls and unexplained
injuries resulting in RAMON CABRERA suffering the development and
deterioration of a stroke which was not properly or timely identified or treated by the
Defendant nursing home;
failing to protect RAMON CABRERA from foreseeable harm, including but not
limited to suffering falls and unexplained injuries resulting in RAMON CABRERA
suffering the development and deterioration of a stroke which was not properly or
timely identified or treated by the Defendant nursing home;
failing to properly supervise staff;
failing to properly train staff;
improper retention of staff;
Inadequate staffing;
failing to protect the dignity of RAMON CABRERA;
failing to protect the privacy of RAMON CABRERA;
failing to follow physician orders;
failing to properly chart on the resident pursuant to Florida Statute § 400, F.A.C. 59-
A; and 42 C.F.R. 483; and50.
Sl.
52.
53.
Page 19
q) failing to keep RAMON CABRERA safe.
As a direct and proximate result of the failure of the Defendant to comply with the
requirements of Florida Statute §400.022, and to provide adequate and appropriate and
protective support services, RAMON CABRERA 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 July 15, 2017.
The survivors of RAMON CABRERA are as follows:
a) Jesus Cabrera, Son
b) Beatriz Cabrera, Daughter
c) Martin Cabrera, Son
d) Lidia Hazzard, Daughter
e) Maria Milian, Wife
Each survivor may recover the value of lost support and services from the date of the
decedent’s injury to his death, with interest, and future loss of support and services from the
date of death and reduced to present value.
The surviving spouse may also recover for loss of the decedent’s companionship and
protection and for the mental pain and suffering from the date of injury.Page 20
54. | Minor children of the decedent, and all children of the decedent if there is no surviving
spouse, may also recover for lost of parental companionship, instruction, and guidance and
for mental pain and suffering from the date of injury.
55. 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, JESUS CABRERA , as Personal Representative of the Estate of
RAMON CABRERA , demands judgment against Defendant, LARKINCOMMUNITY HOSPITAL,
INC. d/b/a LARKIN COMMUNITY HOSPITAL, for all compensatory damages allowed by law for
the deprivation of RAMON CABRERA ’s rights as stated above, and further demands prejudgment
interest and 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
The Plaintiff hereby demands trial by jury of all issues so triable as of right.Page 21
DATED this 8" day of January, 2020.
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing was sent this 8" day
of January, 2020 via Florida’s E-filing Portal upon: Kirsten K. Ullman, Esquire, of Ullman Bursa
Law at 3812 Coconut Palm Drive, Suite 200, Tampa, FL 33619 to: kullman@ublawoffices.com;
ssamhoury@ublawoffices.com; courtmail@ublawoffices.com and to Julie W. Allison, Esquire, at
225 South 21* Avenue, Hollywood, FL 33020 to: julie@allisonlaw.net; para@allisonlaw.net.
oe
William A. Dean, B.C.S.
Florida Bar No.: 118354
FORD, DEAN & ROTUNDO, P.A.
Attorneys for Plaintiff
3233 N.E. 163" Street, Suite 605
North Miami Beach, FL 33160
Phone: (305) 670-2000
Fax: (305) 670-1353
Bill@forddean.com
Brandy@forddean.com
Service@forddean.comDetail by Entity Name
Detail by Entity Name
Florida Limited Liability Company
REHABILITATION CENTER AT HOLLYWOOD HILLS, LLC.
Filing Information
Document Number 118000111765
FEVEIN Number APPLIED FOR
Date Filed 06/26/2015
Effective Date 06/26/2015
State FL
Status ACTIVE
cipal Addre
1200 N 35TH AVENUE
HOLLYWOOD, FL 33021
Changed: 07/08/2015
Mailing Address
1200 N 35TH AVENUE
HOLLYWOOD, FL 33021
istered Agent Namo & Adi
LESLIE ROBERT EVANS AND ASSOC. , P.A.
214 BRAZILIAN AVENUE
SUITE 200 _
PALM BEACH, FL 33480
Authorized Person{s) Detall
Name & Address
Title MGR
MICHEL, JACK, DR.
5996 SW 70TH STREET, 5TH FLOOR
‘SOUTH MIAMI, FL 33143
Annual Reports
Report Year _Filed Date
2016 03/31/2016
2017 04/25/2017
Document Images
9425/2017 — ANNUAL REPORT ‘View image in POF format
99/31/2016 — ANNUAL REPORT View image in POF format
06/26:2015 .- Florida Limited Liatutiy[ View image in PDF format
Page 2 of 2
anda Oezsriment of State, Bonbon of Copersuens
EXHIBIT#. 4
http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail ?inquirytype=Entitv....
11/7/2017REHABILITATION
CENTER
Disclosuré of Financial Interest
” Dear Resident:
Your well-heing is of our ultimate concern. For that reason, we want to notify you that if you need hospital
care, you have the freedom to select the hospital of your choice.
Some of the hospitals which ore convenient to Rehabilitation Center at Hollywood Hills arc the following:
Larkin Community Hospital Memorial Regional Hospital
7031 SW 62 Avenue 350! Johnson Street
South Miami, Fl 330143 Hollywood, Fl 33021
305-284-7500 954-987-2000
www.Larkinhospital.com www.MHS.net
Memorial South Hospital Memorial Pembroke
3600 Washington Street 7800 Sheridan Street
Hollywood, Fl 33021 Pembroke Pines, Fl 33024
954-966-4500 954-962-9650
www. MHS, net www.MHS.net
Memorial West
703 N Flamingo Road
Pembroke Pines, Fl 33025
954-436-5000
www.MHS.net
Your physician may not be on the medical staff of all of the foregoing hospitals, You should consult your
physician as to which hospitals he is “on staff."
Plense be advised that Larkin Community Hospital is the owner of Rehabilitation Center at Hollywood Hills.
If you have any questions regarding this disclosure, please do not hesitate (o contact Social Services at 954-98 l-
SS5i.
Paticnt Acknowledgment
Thereby acknowledge that { have been advised that the Rehabilitation Center at Hollywood Hills Rehab is,
owned by Larkin Community Hospital, I huve been given a list of severul different hospitals which are
relatively near Floridian Gardens. {am free to select the hospital of my choice.
L
EXHIBIT. 2
Preview
Filing # 101338851 E-Filed 01/08/2020 03:44:51 PM IN THE CIRCUIT COURT OF THE 17™ JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA CIVIL DIVISION CASE NO.: CACE-18-001878 JESUS CABRERA as Personal Representative of the Estate of RAMON CABRERA, Deceased, Plaintiff, vs. JACK MICHEL, M.D., REHABILITATION CENTER AT HOLLYWOOD HILLS, LLC., and LARKIN COMMUNITY HOSPITAL, INC. d/b/a LARKIN COMMUNITY HOSPITAL, Defendants. / AMENDED COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL COMES NOW the Plaintiff, JESUS CABRERA as Personal Representative of the Estate of RAMON CABRERA, Deceased, by and through undersigned counsel, and sues Defendants, JACK MICHEL, M.D., REHABILITATION CENTER AT HOLLYWOOD HILLS, LLC., and LARKIN COMMUNITY HOSPITAL, INC. d/b/a LARKIN COMMUNITY HOSPITAL, 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, RAMON CABRERA was an adult resident of Broward County, Florida. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 01/08/2020 03:44:51 PM.****Page 2 Atall times material hereto, RAMON CABRERA was aperson 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. RAMON CABRERA died on July 15, 2017. At all times material to this action, JESUS CABRERA is the duly appointed Personal Representative of the Estate of RAMON CABRERA. Atall times material hereto, Defendant, REHABILITATION CENTER AT HOLLY WOOD HILLS, LLC. was licensed and authorized to do business as a nursing home in Broward County, Florida, as REHABILITATION CENTER AT HOLLYWOOD HILLS, LLC. The Defendant was in the business of owning, managing and maintaining nursing homes and related healthcare facilities, including REHABILITATION CENTER AT HOLLYWOOD HILLS, LLC. located in Broward County, Florida. Atall times material hereto, Defendant, REHABILITATION CENTER AT HOLLYWOOD HILLS, LLC., was the licensee and owner of REHABILITATION CENTER AT HOLLYWOOD HILLS, LLC. Atall times material hereto, Defendant, REHABILITATION CENTER AT HOLLYWOOD HILLS, LLC. was subject to the provisions of Chapter §400 of Florida Statutes, which sets the standards for operating nursing homes such REHABILITATION CENTER AT HOLLYWOOD HILLS, LLC.10. 11. Page 3 Attached hereto as Exhibit “1" is the Sunbiz.org filing for the Defendant licensee which unequivocally states JACK MICHEL, M.D. is the “Managing Employee” of the Defendant licensee, REHABILITATION CENTER AT HOLLYWOOD HILLS, LLC. At all times material hereto, Defendant, JACK MICHEL, M.D., was solely responsible for creating and implementing the budget, staffing, policies and procedures for the Defendant, Nursing Home facility. JACK MICHEL, M.D. had a duty to ensure that REHABILITATION CENTER AT HOLLYWOOD HILLS, LLC.’s policies and procedures were implemented and followed; that the Defendant Nursing Home was properly staffed; that the Defendant Nursing Home’s yearly budget was properly funded to ensure the residents received appropriate care, treatment, and supervision; that the facility’s physical plant was adequate to provide a safe and decent living environment, and to protect the nursing home residents. JACK MICHEL, M.D. breached the duty to ensure that REHABILITATION CENTER AT HOLLYWOOD HILLS, LLC. policies and procedures were implemented and followed; failed to properly staff the Defendant Nursing Home; failed to properly fund the Defendant Nursing Home’s yearly budget to ensure the residents received appropriate care, treatment, and supervision; failed to ensure that the facility’s physical plant was adequate; and, failed to protect the Nursing Home residents. Asa result, pursuant to Estate of Canavan v. National Healthcare Corp., 899 So.2d 825 (Fla. 2"! DCA 2004) Defendant, JACK MICHEL, M.D.’s negligence constitutes tortuous conduct which is not shielded from liability.12. 13. 14, 15. 16. Page 4 Further, Florida Statute §400.023 (the controlling civil enforcement section) unequivocally states: An exclusive cause of action for negligence or a violation of residents’ rights, as specified under this part, which alleges direct or vicarious liability for the personal injury or death of a nursing home resident arising from such negligence or violation of rights and which seeks damages for such injury or death may be brought only against the licensee, the licensee’s management or consulting company, the licensee’s managing employees, and any direct care givers, whether employees or contractors. As aresult, since JACK MICHEL, M.D.., is the Managing Employee of Defendant licensee, REHABILITATION CENTER AT HOLLYWOOD HILLS, LLC., he is subject to the provisions of Chapter §400 of the Florida Statutes which sets the standards for operating Nursing Homes in the State of Florida such as REHABILITATION CENTER AT HOLLYWOOD HILLS, LLC. and can be sued as a Defendant pursuant to Florida Statute § 400.023. Upon admission, the Defendant Nursing Home had the Plaintiff execute a disclosure of financial investment form attached hereto as Exhibit “2". Said financial disclosure form unequivocally states that “Larkin Community Hospital is the owner of Rehabilitation Center at Hollywood Hills.” Due to this financial disclosure form, Larkin Community Hospital, as “owner” of the Defendant Nursing Home, is subject to the provisions of Florida Statute Chapter §400 which sets the standards for Nursing Home owners.17. 18. 19, 19, Page 5 At all times material hereto, Defendant, LARKIN COMMUNITY HOSPITAL, INC. d/b/a LARKIN COMMUNITY HOSPITAL, was also the Owner and Management Company of the licensee, REHABILITATION CENTER AT HOLLYWOOD HILLS, LLC., and was a resident of Miami-Dade County, Florida. At all times material hereto, Defendant, LARKIN COMMUNITY HOSPITAL, INC. d/b/a LARKIN COMMUNITY HOSPITAL, was also responsible for creating and implementing the budget, staffing, policies and procedures for the Defendant, Nursing Home facility. LARKIN COMMUNITY HOSPITAL, INC. d/b/a LARKIN COMMUNITY HOSPITAL had a duty to ensure that REHABILITATION CENTER AT HOLLYWOOD HILLS, LLC.’s policies and procedures were implemented and followed; that the Defendant Nursing Home was properly staffed; that the Defendant Nursing Home’s yearly budget was properly funded to ensure the residents received appropriate care, treatment, and supervision; that the facility’s physical plant, (i.e. air conditioners and generators), was adequate to provide a safe and decent living environment; and to protect the Nursing Home residents. LARKIN COMMUNITY HOSPITAL, INC. d/b/a LARKIN COMMUNITY HOSPITAL breached the duty to ensure that REHABILITATION CENTER AT HOLLYWOOD HILLS, LLC. policies and procedures were implemented and followed; failed to properly staff the Defendant Nursing Home; failed to properly fund the Defendant Nursing Home’s yearly budget to ensure the residents received appropriate care, treatment, and supervision; failed to ensure that the facility’s physical plant was adequate; and, failed to protect the Nursing Home residents. Asa result, pursuant to Estate of Canavan v. National Healthcare Corp., 89920. 21. 22. Page 6 So.2d 825 (Fla. 2°" DCA 2004) Defendant, JACK MICHEL, M.D.’s negligence constitutes tortuous conduct which is not shielded from liability. As a result, since LARKIN COMMUNITY HOSPITAL, INC. d/b/a LARKIN COMMUNITY HOSPITAL is the Owner and Management Company of Defendant licensee, REHABILITATION CENTER AT HOLLYWOOD HILLS, LLC., he is subject to the provisions of Chapter §400 of the Florida Statutes which sets the standards for operating Nursing Homes in the State of Florida such as REHABILITATION CENTER AT HOLLYWOOD HILLS, LLC. and can be sued as a Defendant pursuant to Florida Statute §400.023. CARE FAILURES During RAMON CABRERA’s residency at REHABILITATION CENTER AT HOLLYWOOD HILLS, LLC., the staff and employees failed to develop an adequate care plan and properly monitor and supervise the care and treatment provided to RAMON CABRERA in order to ensure that he received appropriate medical care and treatment and to timely transfer him to the hospital when his condition deteriorated. Asadirect result of REHABILITATION CENTER AT HOLLYWOOD HILLS, LLC.’S acts and omissions, RAMON CABRERA suffered the development and deterioration of a stroke on July 7, 2017, which was not timely diagnosed, addressed or treated by the Defendants. COUNTI CHAPTER §400 CLAIM AGAINST DEFENDANT, JACK MICHEL, M.D. The Plaintiff hereby re-alleges paragraphs one (1) through eighteen (18) as if fully stated herein and further alleges:23. 24. 25. Page 7 Defendant had a statutorily mandated responsibility to RAMON CABRERA 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 RAMON CABRERA ; (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. That Defendant’s responsibilities to RAMON CABRERA , as outlined in Florida Statutes §400.022, were non-delegable and such that Defendant 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. That in addition to Defendant’s direct responsibility under Florida Statute §400.022 and as alleged in the preceding paragraph, the 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-house26. 27. Page 8 or outside entities, individuals, agencies or pools causing any deprivations or infringements of RAMON CABRERA ’s residents rights as set forth in Florida Statutes §400.022. 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. That notwithstanding the responsibility of the Defendant to provide RAMON CABRERA with his statutorily mandated nursing home residents rights, RAMON CABRERA was deprived of such rights by the acts or omissions of Defendants! agents and employees which include, but are not limited to, the following: a) b) c) qd) °) failing to prevent unexplained injuries to RAMON CABRERA; failure to properly supervise RAMON CABRERA; failing to provide adequate and appropriate protective and support services to RAMON CABRERA; failing to develop, implement, and update an adequate and appropriate resident care plans to meet the custodial needs of RAMON CABRERA; 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;28. 8) h) dD k) gy Page 9 failing to appropriately monitor RAMON CABRERA nd recognize significant signs and symptoms of change in his health condition, such as developing pneumonia, dehydration, heat stroke and a sudural hemorrhage; failing to properly notify the family and physicians of RAMON CABRERA of significant changes in his health status, such as suffering dehydration, fever and altered mental status resulting in RAMON CABRERA; failing to protect RAMON CABRERA from foreseeable harm, including but not limited to suffering infection, pneumonia, heat stroke, dehydration and sepsis; failing to properly supervise staff; failing to properly train staff; failing to ensure that the nursing home had adequate equipment and physical plant to meet the care needs of RAMON CABRERA; Inadequate staffing; failing to protect the dignity of RAMON CABRERA; failing to protect the privacy of RAMON CABRERA; failing to follow physician orders; failing to properly chart on the resident pursuant to Florida Statute § 400, F.A.C. 59- A; and 42 C.F.R. 483; and failing to keep RAMON CABRERA safe. As a direct and proximate result of the failure of the Defendant to comply with the requirements of Florida Statute §400.022, and to provide adequate and appropriate and protective support services, RAMON CABRERA suffered damages, including loss of dignity; humiliation; bodily injury; pain and suffering, disability, physical impairment;29. 30. 31. 32. 33. Page 10 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 . The survivors of RAMON CABRERA are as follows: a) Jesus Cabrera, Son b) Beatriz Cabrera, Daughter c) Martin Cabrera, Son d) Lidia Hazzard, Daughter e) Maria Milian, Wife Each survivor may recover the value of lost support and services from the date of the decedent’s injury to his death, with interest, and future loss of support and services from the date of death and reduced to present value. The surviving spouse may also recover for loss of the decedent’s companionship and protection and for the mental pain and suffering from the date of injury. Minor children of the decedent, and all children of the decedent if there is no surviving spouse, may also recover for lost of parental companionship, instruction, and guidance and for mental pain and suffering from the date of injury. The decedent’s personal representative may recover for the decedent’s estate the following:Page 11 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, JESUS CABRERA , as Personal Representative of the Estate of RAMON CABRERA , demands judgment against Defendant, JACK MICHEL, M.D., for all compensatory damages allowed by law for the deprivation of RAMON CABRERA’ rights as stated above, and further demands prejudgment interest and 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. COUNT II CHAPTER §400 CLAIM AGAINST DEFENDANT, REHABILITATION CENTER AT HOLLYWOOD HILLS, LLC. The Plaintiff hereby re-alleges paragraphs one (1) through eighteen (18) as if fully stated herein and further alleges: 34. | TheDefendanthas a statutorily mandated responsibility to RAMON CABRERA 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;35. 36. 37. Page 12 (b) preventing mental and physical abuse of RAMON CABRERA ; (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. That the Defendants’ responsibilities to RAMON CABRERA , 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 Defendants’ 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 Defendants’ policies, and procedures, whether written or unwritten, or common practices. That in addition to Defendants’ direct responsibility under Florida Statute §400.022 and as alleged in the preceding paragraph, the Defendant had vicarious liability for the acts and omissions of all persons or entities under Defendants’ 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 RAMON CABRERA ’s residents rights as set forth in Florida Statutes §400.022. 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.38. Page 13 That notwithstanding the responsibility of the Defendants’ to provide RAMON CABRERA with his statutorily mandated nursing home residents rights, RAMON CABRERA was deprived of such rights by the acts or omissions of Defendants' agents and employees which include, but are not limited to, the following: a) b) c) d) °) 8) h) D k) failing to prevent unexplained injuries to RAMON CABRERA; failure to properly supervise RAMON CABRER ; failing to provide adequate and appropriate protective and support services to RAMON CABRERA; failing to develop, implement, and update an adequate and appropriate resident care plans to meet the custodial needs of RAMON CABRERA; 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 RAMON CABRERA and recognize significant signs and symptoms of change in his health condition, such as suffering falls and unexplained injuries resulting in RAMON CABRERA suffering the development and deterioration of a stroke which was not properly or timely identified or treated by the Defendant nursing home; failing to properly notify the family and physicians of RAMON CABRERA’s of significant changes in his health status, such as suffering falls and unexplained injuries resulting in RAMON CABRERA suffering the development and deterioration of a stroke which was not properly or timely identified or treated by the Defendant nursing home; failing to protect RAMON CABRERA from foreseeable harm, including but not limited to suffering falls and unexplained injuries resulting in RAMON CABRERA suffering the development and deterioration of a stroke which was not properly or timely identified or treated by the Defendant nursing home; failing to properly supervise staff; failing to properly train staff; improper retention of staff;39. 40. Page 14 1) Inadequate staffing; m) failing to protect the dignity of RAMON CABRERA; n) failing to protect the privacy of RAMON CABRERA; 0) failing to follow physician orders; p) failing to properly chart on the resident pursuant to Florida Statute § 400, F.A.C. 59- A; and 42 C.F.R. 483; and q) failing to keep RAMON CABRERA safe. As a 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, RAMON CABRERA 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 July 15, 2017. The survivors of RAMON CABRERA are as follows: a) Jesus Cabrera, Son b) Beatriz Cabrera, Daughter c) Martin Cabrera, Son d) Lidia Hazzard, Daughter e) Maria Milian, Wife41. 42. 43. 44. Page 15 Each survivor may recover the value of lost support and services from the date of the decedent’s injury to his death, with interest, and future loss of support and services from the date of death and reduced to present value. The surviving spouse may also recover for loss of the decedent’s companionship and protection and for the mental pain and suffering from the date of injury. Minor children of the decedent, and all children of the decedent if there is no surviving spouse, may also recover for lost of parental companionship, instruction, and guidance and for mental pain and suffering from the date of injury. 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, JESUS CABRERA, as Personal Representative of the Estate of RAMON CABRERA , demands judgment against Defendants, REHABILITATION CENTER AT HOLLYWOOD HILLS, LLC., for all compensatory damages allowed by law for the deprivation of RAMON CABRERA’s rights as stated above, and further demands prejudgment interest anda trialPage 16 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. COUNT II CHAPTER §400 CLAIM AGAINST DEFENDANT, LARKIN COMMUNITY HOSPITAL, INC. d/b/a LARKIN COMMUNITY HOSPITAL The Plaintiff hereby re-alleges paragraphs one (1) through eighteen (18) as if fully stated herein and further alleges: 45. As the owner of the Nursing Home, the Defendant has a statutorily mandated responsibility to RAMON CABRERA 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 RAMON CABRERA ; (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. 46. That the Defendant’s responsibilities to RAMON CABRERA , as outlined in Florida Statutes47. 48. 49. Page 17 §400.022, are non-delegable and such that Defendants had direct liability for violations, deprivations and infringements by any person or entity under Defendants’ 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 Defendants’ policies, and procedures, whether written or unwritten, or common practices. That in addition to the Defendant’s direct responsibility under Florida Statute §400.022 and as alleged in the preceding paragraph, the Defendants had vicarious liability for the acts and omissions of all persons or entitics under the 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 RAMON CABRERA’s resident’s rights as set forth in Florida Statutes §400.022. 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. That notwithstanding the responsibility of the Defendants to provide RAMON CABRERA with his statutorily mandated nursing home resident's rights, RAMON CABRERA was deprived of such rights by the acts or omissions of the Defendant’s agents and employees which include, but are not limited to, the following: a) failing to prevent unexplained injuries to RAMON CABRERA;b) °) qd) e) g) h) Page 18 failure to properly supervise RAMON CABRERA; failing to provide adequate and appropriate protective and support services to RAMON CABRERA ; failing to develop, implement, and update an adequate and appropriate resident care plans to meet the custodial needs of RAMON CABRERA; 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 RAMON CABRERA nd recognize significant signs and symptoms of change in his health condition, such as suffering falls and unexplained injuries resulting in RAMON CABRERA suffering the development and deterioration of a stroke which was not properly or timely identified or treated by the Defendant nursing home; failing to properly notify the family and physicians of RAMON CABRERA ’s of significant changes in his health status, such as suffering falls and unexplained injuries resulting in RAMON CABRERA suffering the development and deterioration of a stroke which was not properly or timely identified or treated by the Defendant nursing home; failing to protect RAMON CABRERA from foreseeable harm, including but not limited to suffering falls and unexplained injuries resulting in RAMON CABRERA suffering the development and deterioration of a stroke which was not properly or timely identified or treated by the Defendant nursing home; failing to properly supervise staff; failing to properly train staff; improper retention of staff; Inadequate staffing; failing to protect the dignity of RAMON CABRERA; failing to protect the privacy of RAMON CABRERA; failing to follow physician orders; failing to properly chart on the resident pursuant to Florida Statute § 400, F.A.C. 59- A; and 42 C.F.R. 483; and50. Sl. 52. 53. Page 19 q) failing to keep RAMON CABRERA safe. As a direct and proximate result of the failure of the Defendant to comply with the requirements of Florida Statute §400.022, and to provide adequate and appropriate and protective support services, RAMON CABRERA 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 July 15, 2017. The survivors of RAMON CABRERA are as follows: a) Jesus Cabrera, Son b) Beatriz Cabrera, Daughter c) Martin Cabrera, Son d) Lidia Hazzard, Daughter e) Maria Milian, Wife Each survivor may recover the value of lost support and services from the date of the decedent’s injury to his death, with interest, and future loss of support and services from the date of death and reduced to present value. The surviving spouse may also recover for loss of the decedent’s companionship and protection and for the mental pain and suffering from the date of injury.Page 20 54. | Minor children of the decedent, and all children of the decedent if there is no surviving spouse, may also recover for lost of parental companionship, instruction, and guidance and for mental pain and suffering from the date of injury. 55. 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, JESUS CABRERA , as Personal Representative of the Estate of RAMON CABRERA , demands judgment against Defendant, LARKINCOMMUNITY HOSPITAL, INC. d/b/a LARKIN COMMUNITY HOSPITAL, for all compensatory damages allowed by law for the deprivation of RAMON CABRERA ’s rights as stated above, and further demands prejudgment interest and 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 The Plaintiff hereby demands trial by jury of all issues so triable as of right.Page 21 DATED this 8" day of January, 2020. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing was sent this 8" day of January, 2020 via Florida’s E-filing Portal upon: Kirsten K. Ullman, Esquire, of Ullman Bursa Law at 3812 Coconut Palm Drive, Suite 200, Tampa, FL 33619 to: kullman@ublawoffices.com; ssamhoury@ublawoffices.com; courtmail@ublawoffices.com and to Julie W. Allison, Esquire, at 225 South 21* Avenue, Hollywood, FL 33020 to: julie@allisonlaw.net; para@allisonlaw.net. oe William A. Dean, B.C.S. Florida Bar No.: 118354 FORD, DEAN & ROTUNDO, P.A. Attorneys for Plaintiff 3233 N.E. 163" Street, Suite 605 North Miami Beach, FL 33160 Phone: (305) 670-2000 Fax: (305) 670-1353 Bill@forddean.com Brandy@forddean.com Service@forddean.comDetail by Entity Name Detail by Entity Name Florida Limited Liability Company REHABILITATION CENTER AT HOLLYWOOD HILLS, LLC. Filing Information Document Number 118000111765 FEVEIN Number APPLIED FOR Date Filed 06/26/2015 Effective Date 06/26/2015 State FL Status ACTIVE cipal Addre 1200 N 35TH AVENUE HOLLYWOOD, FL 33021 Changed: 07/08/2015 Mailing Address 1200 N 35TH AVENUE HOLLYWOOD, FL 33021 istered Agent Namo & Adi LESLIE ROBERT EVANS AND ASSOC. , P.A. 214 BRAZILIAN AVENUE SUITE 200 _ PALM BEACH, FL 33480 Authorized Person{s) Detall Name & Address Title MGR MICHEL, JACK, DR. 5996 SW 70TH STREET, 5TH FLOOR ‘SOUTH MIAMI, FL 33143 Annual Reports Report Year _Filed Date 2016 03/31/2016 2017 04/25/2017 Document Images 9425/2017 — ANNUAL REPORT ‘View image in POF format 99/31/2016 — ANNUAL REPORT View image in POF format 06/26:2015 .- Florida Limited Liatutiy[ View image in PDF format Page 2 of 2 anda Oezsriment of State, Bonbon of Copersuens EXHIBIT#. 4 http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail ?inquirytype=Entitv.... 11/7/2017REHABILITATION CENTER Disclosuré of Financial Interest ” Dear Resident: Your well-heing is of our ultimate concern. For that reason, we want to notify you that if you need hospital care, you have the freedom to select the hospital of your choice. Some of the hospitals which ore convenient to Rehabilitation Center at Hollywood Hills arc the following: Larkin Community Hospital Memorial Regional Hospital 7031 SW 62 Avenue 350! Johnson Street South Miami, Fl 330143 Hollywood, Fl 33021 305-284-7500 954-987-2000 www.Larkinhospital.com www.MHS.net Memorial South Hospital Memorial Pembroke 3600 Washington Street 7800 Sheridan Street Hollywood, Fl 33021 Pembroke Pines, Fl 33024 954-966-4500 954-962-9650 www. MHS, net www.MHS.net Memorial West 703 N Flamingo Road Pembroke Pines, Fl 33025 954-436-5000 www.MHS.net Your physician may not be on the medical staff of all of the foregoing hospitals, You should consult your physician as to which hospitals he is “on staff." Plense be advised that Larkin Community Hospital is the owner of Rehabilitation Center at Hollywood Hills. If you have any questions regarding this disclosure, please do not hesitate (o contact Social Services at 954-98 l- SS5i. Paticnt Acknowledgment Thereby acknowledge that { have been advised that the Rehabilitation Center at Hollywood Hills Rehab is, owned by Larkin Community Hospital, I huve been given a list of severul different hospitals which are relatively near Floridian Gardens. {am free to select the hospital of my choice. L EXHIBIT. 2