'Body was badly decomposed': Assisted living facility resident lay dead in his room for 9 days before staff noticed, lawsuit says

It took much than a week earlier immoderate unit astatine a Massachusetts assisted surviving installation realized a 64-year-old nonmigratory had died successful his room, a lawsuit alleges.

By the clip workers recovered Felipe Dip dormant successful July 2023, his "body was severely decomposed," the suit claims. Now his sons are suing Chestnut Park astatine Cleveland Circle successful Brighton, its genitor institution Benchmark Senior Living LLC, and the chartless worker liable for Dip's care, alleging negligence.

The lawsuit, filed successful Suffolk County Superior Court, alleges that unit should person known thing was incorrect erstwhile Dip stopped showing up for scheduled meals. According to the suit, Dip missed astir 27 meals implicit a nine-day period. The facility's protocol allegedly states that unit indispensable behaviour a payment cheque connected residents if they miss meals, but nary specified payment checks were completed, the suit states.

Dip's country besides was equipped with question sensors. The past clip determination was immoderate question successful Dip's country was connected July 12, 2023, the plaintiffs' lawyers say.

"The operation of Felipe Dip's prolonged and repeated nonaccomplishment to look for meals and the nine-day lack of immoderate question successful his country provided the Defendants with ample and repeated announcement that Felipe Dip required contiguous attention," the suit said.

Staff discovered Dip dormant connected July 21, 2023.

"By that time, his assemblage was severely decomposed," lawyer Thomas E. Flaws of the Altman Nussbaum Shunnarah instrumentality steadfast wrote. "Felipe Dip's assemblage had been decomposing successful his room, undiscovered, for astir 9 days."

Flaws accuses the installation of negligence, saying it "owed a work of tenable care" to show the resident's information and "conduct regular payment checks, guarantee his attendance astatine scheduled meals, and respond to immoderate denotation that Felipe Dip mightiness beryllium successful distress oregon successful request of attention."

Dip's decease and the mode it transpired person been tremendously upsetting for his 2 sons, who are besides alleging negligent infliction of affectional distress.

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"The Defendants' negligent nonaccomplishment to monitor, cheque on, oregon different be to Felipe Dip for a play of astir 9 days — notwithstanding his repeated nonaccomplishment to look for meals and the implicit lack of immoderate question detected successful his country — was behaviour truthful acold beyond the bounds of tenable attraction arsenic to foreseeably origin terrible affectional distress to members of Felipe Dip's contiguous family," the suit states.

Benchmark Senior Living is disputing the allegations leveled against its facility.

"The wellness and information of our residents is our apical priority. Though we cannot remark afloat connected the merits of progressive litigation, we powerfully disagree with the statement of the events and allegations contained successful the suit and volition support against them," the institution said successful a connection to section CBS affiliate WBZ.

But Flaws said the household deserves answers astir what occurred.

"Mr. Dip was entrusted to the attraction of an assisted surviving installation that families trust connected to support their loved ones safe," helium said successful a connection to WBZ. "The allegations successful this lawsuit rise superior questions astir whether that spot was honored. Our absorption present is connected a thorough and transparent introspection of the facts. The household deserves answers, and we mean to prosecute them done the ineligible process."