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Lantana assisted living center sued over death of resident, accused of neglect

Video provided by attorney shows Army veteran suffering seizure at Banyan Place
Posted at 4:39 PM, May 18, 2022
and last updated 2022-05-18 17:07:20-04

BOCA RATON, Fla. — The wife of a man who died after falling at an assisted living center in Lantana last year has now filed a lawsuit against the home.

"I'm still in shock," Constance Scott, the former deputy mayor of Boca Raton, said Wednesday.

Scott lost her husband, Tom Scott, a U.S. Army veteran, last year just before his 78th birthday.

"I was certain that my husband would be cared for well and that he would be in good hands," Scott said.

It all started on April 5, 2021.

"They let Tom walk right out the door," Darla Keen, Constance Scott's attorney, said.

Tom Scott, who suffered from dementia, was seen on camera walking out of the Banyan Place assisted living facility in Boca Raton. He was found more than 2 miles away where he fell and hit his head.

According to his wife, doctors said he could suffer from seizures due to the injury.

Constance Scott said that's when the owner of Banyan Place decided to move her husband to the Lantana location, where she was promised he would have 24-hour care.

In surveillance video provided to WPTV by Keen, Scott was seen having a seizure. In the video, an employee walked right by, on her phone, and then seconds later, Scott fell and hit his head.

The employee is later scolded by another employee for not keeping an eye on him.

"They finally call 911 at 4:39 p.m., three hours and nine minutes after this fall," Keen said.

Scott died at the hospital two days later. The cause of death was a hemorrhage in his brain, according documents from the medical examiner.

"I have a responsibility now to be the person who's going to fight for Tom," Constance Scott said.

Keen filed a lawsuit against Banyan Place on Wednesday. The lawsuit is seeking thousands of dollars in damages.

"When you make promises and commit to people, to commit to families, to commit to a person that's going to be in your care, you're accountable for what you've stated you're going to do," Scott said.

WPTV Contact 5 reached out to management at Banyan Place, which provided the following statement:

"Banyan Place which was family owned and operated for many years was sold on April 13th 2022. As the new management company, we are currently assessing all programs, investing in the property, and adding resources to serve the local population to the highest standard. While we legally can not comment on situations that preceded us, we appreciate that you have given us the courtesy to respond."

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