Rabovsky

C A S E S

Rabovsky

JOEL L. RABOVSKY, as personal representative of the estate of IDA S. RABOVSKY vs. PRAXIS OF DEERFIELD BEACH, LTD.,d/b/a ADULT CARE FACILITIES, INC.

Copyright 2000 Florida Legal Periodicals, Inc.

FLORIDA JURY VERDICT REPORTER (FJVR)

Docket No. 99-017887 (11)
FJVR Reference No. 00:10-5
Settlement Date: July 14, 2000
Publication Date: October 2000

TOPIC: Nursing Homes - Wrongful Death - Nursing Home Negligence - Violation Of Resident's Rights - Inadequate Care

RESULT: $ 290,000 for Plaintiff (settlement)

STATE: Florida
COUNTY: Broward
JUDGE: Thomas M. Lynch, IV

PLAINTIFF PROFILE:
Decedent Age: 83
Sex: Female

PLAINTIFF ATTORNEY: Mark Osherow of Osherow, Shiner & Associates, P.A., Boca Raton

DEFENDANT ATTORNEY: Lawrence E. Lafferty, Boca Raton

CAUSE OF INJURY: Decedent Ida S. Rabovsky was a resident of Defendant Praxis of Deerfield Beach, d/b/a Adult Care Facilities, an assisted living facility, from August 26, 1996, until December 17, 1997, three days before her death. After becoming a resident of Praxis, decedent's mental and physical condition deteriorated dramatically, allegedly due to Defendant's failure to adhere to state and federal regulations which ultimately resulted in her untimely death. Plaintiff's counsel obtained an affidavit from Gini Lockfeld, R.N., who stated: (1) that Defendant's neglect included, but was not limited to the failure to follow established procedures, as dictated by Chapter 400 of the Florida Statutes, Assisted Living Facilities, Part III, 400.402, by failing to establish a service plan, meaning a written plan agreed upon by the resident, addressing the unique physical and psychological needs, abilities, and preferences of decedent. This plan should have described services to be provided, who shall provide those services, and the purpose of those services; (2) that decedent was given a psychotropic medication, Resperidal, which causes somnolence. Pursuant to Chapter 400, Florida Statutes, Resperidal is a chemical restraint requiring close monitoring of the patient's behavior. In these circumstances, decedent did not receive the proper monitoring. Her prescription for this medication was subsequently increased twice, without proper monitoring, supervision, and analysis; (3) that Defendant did not properly monitor and provide for decedent's daily health care. Her weight was taken upon admittance, but not further taken for another nine months. Upon admittance to the emergency room of North Broward Medical Center, three days before her death, decedent had to receive intravenous injections to provide the nutrition, which Defendant neglected to provide earlier, and for which it should have coordinated the provision thereof; (4) that when decedent's ingestion of food ceased, it was not documented until the very end of her care in Defendant's facility; (5) that decedent received a laceration to her forehead following a fall on or about May 30, 1997. The fall was noted in her chart, along with a noted red area on her forehead, but her mental status was not checked by a physician or anyone else in the facility; (6) that on the day following the noted fall, Defendant's employee noticed the fall had actually caused a laceration on the forehead of decedent, but still no neurological treatment or assessment by a physician was ordered; (7) that at one point, while outside of the facility with a group, decedent was noted to be unresponsive for at least five minutes. Her physician was not notified, her vital signs were not taken, nor was any further monitoring or any relevant chart notation undertaken; (8)that in October 1997, Defendant noted decedent was suffering from congestion, but antibiotics were not ordered for three weeks; (9) that decedent was noted to have two bunions on her feet that were allowed to subsequently become infected. Defendant's charts and records provide no documented evidence that this wound was being treated on a regular basis, and such treatment, in fact, was not provided; (10) that, furthermore, in December 1997, decedent's foot was noted to have dried fluid, without a pulse. This is considered an emergent condition, but was not treated as such, and no physician or other health care provider with proper training was called in to treat decedent; and (11) that prior to taking decedent from Defendant's care, decedent's son was told by Defendant's officers and employees that no medical attention was necessary, particularly any hospital admission. However, after being taken to the emergency room of North Broward Medical Center, decedent died three days later as a result of sepsis (infections), dehydration, and other causes resulting from the neglect and improper care she had received at Defendant's facility. Defendant's denied any negligence under Chapter 400, Florida Statutes.

NATURE OF INJURY: Death. Decedent was survived by her son, Joel Rabovsky, age fifty-three.

OSHEROW, SHINER & ASSOCIATES, P.A., BOCA CORPORATE PLAZA, SUITE 650, 7900 GLADES ROAD, BOCA RATON, FLORIDA 33434
TELEPHONE: (561) 477-5054 FACSIMILE: (561) 477-3661 www.osherowlaw.com E-MAIL: mrosh@osherowlaw.com