Complaint- Hospital Negligent - Patient Fell
IN THE CIRCUIT COURT OF THE
11th JUDICIAL CIRCUIT IN AND
FOR MIAMI-DADE COUNTY, FLORIDA
CASE NO. xx-xxxx-xx
MIAMI BEACH HEALTHCARE GROUP,
LTD d/b/a AVENTURA HOSPITAL AND
The Plaintiff, MILTON F., sues the Defendant, MIAMI BEACH HEALTHCARE GROUP, LTD d/b/a AVENTURA HOSPITAL AND MEDICAL CENTER (“AVENTURA”) and alleges:
1. This is a claim for damages in excess of $15,000.00, exclusive of attorney’s fees and costs.
2. Defendant, AVENTURA, is a corporation doing business as Aventura Hospital and Medical Center in Miami-Dade County and is sui juris in all respects.
3. Plaintiff was admitted to Defendant hospital on or about [date] for surgical treatment for lung cancer.
4. Said surgery was successfully completed and the patient remained an in-patient at said hospital for recuperation.
5. While at said hospital patient manifested numerous signs or symptoms making him a “high risk patient” for falling.
6. Defendant, AVENTURA, through its employees, were on notice of Plaintiff’s risk for falling and Defendant’s employees and nurses owed a duty of care to Plaintiff to prevent such incident to properly administer and record observations about the patient including medications consumed, to properly assess the patient and to protect the patient from harm.
7. Despite Plaintiff’s known risk for falling, Plaintiff was assisted by Defendant nurses out of his bed, placed in a chair and left alone, while not in a cogent state of mind.
8. Foreseeably, Plaintiff fell from the chair suffering a fractured hip and other damages.
9. Defendant violated its own protocols applicable to such patients as well as having fallen below prevailing professional standard of care for such patients as to, inter alia, record keeping, medication administration, patient assessment, physician and other nurse communications and prevention of fall risks.
10. The aforedescribed negligence proximately caused the following damages to Plaintiff:
a. permanent bodily injury and disfigurement;
b. pain, suffering and loss of enjoyment of life;
c. medical, surgical hospital, rehabilitative and other health care related expenses;
d. aggravation of pre-existing conditions; all experienced in the past and to be experienced in the future including permanent injury and disability.
11. All conditions precedent to the bringing of this claim have been fully performed including but not limited to notice and pre-suit screening.
WHEREFORE Plaintiff, MILTON F., demands judgment, costs and trial by jury and any other relief this court deems just and proper.
LAW OFFICE OF ALAN D. SACKRIN
Slip and Fall Attorney
Attorney for Plaintiff
2100 East Hallandale Beach Blvd.
Hallandale Beach, FL 33009
Telephone: (954) 455-0800
Facsimile: (954) 455-9649
ALAN D. SACKRIN
Florida Bar No. 349070
This is a sample lawsuit related to a specific set of facts and circumstances and should not be used or relied upon if you have been in a slip and fall accident. We recommend and urge you to consult with an experienced slip and fall lawyer for professional advice as each case is unique.
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