Articles Posted in nursing home neglect

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Infestations of insects can cause mild discomfort at best and life-threatening illness at worst. Insects are a part of daily life in Florida, but they can pose a health hazard when they make their way into one’s private quarters, particularly in food or in residents’ beds or clothing. These can include cockroaches, ants (including fire ants), spiders, bed bugs, flies and more. Insects can cause injury and spread disease. Failure to address these incidents or to promptly identify and treat patients who have suffered insect bites or insect-related illnesses is a form of neglect, and it can be actionable in civil court, as well as criminal.nursing home neglect

Recently in Alabama, three former employees at a nursing home were convicted of a attempted elder abuse, a felony in that state, after an elderly resident in their care was found to have suffered hundreds of ant bites that went untreated. AL.com reports the three workers (one licensed practical nurse and two certified nursing assistants) were responsible for the care of the resident in question, who was confined to her bed. The three both indicated in medical charts that they checked on her numerous times over the course of the night. However, when authorities later viewed surveillance footage of the hallway, they learned no one went into the woman’s room for a full 11 hours.

The woman was later found to have suffered more than 100 ant bites all over her body, mostly on her thighs, knees and ankles.  Continue reading →

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The state of Florida, following a final order issued on the recommendation of an administrative law judge, is closing a South Florida assisted living home after inspectors uncovered abysmal conditions unfit for habitation. nursing home neglect

The News-Press in Fort Myers reports there were dirty diapers flung over the bushes in the gardens. There were pipes that were leaking and ceiling tiles were crumbling. Feces was found on the walls, on the floors and even in residents’ shoes. Those were only some of the allegations cited in state inspectors’ reports of the 110-bed assisted living facility on the Gulf Coast.

Investigators with the Agency for Health Care Administration went to the facility approximately 17 times over the course of little more than a year to follow up on these conditions, starting in October 2015. Inspections and surveys revealed residents were not safe, their conditions unsanitary. The facility administrators had been advised of the findings and instructed to immediately clean the facility and start taking better care of residents. However, these conditions persisted with each follow up visit.  Continue reading →

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The AARP Foundation has filed a lawsuit on behalf of an elderly couple married 30 years after the wife, 83, was evicted and separated from her husband, 93. The foundation reports the wife, who has Alzheimer’s disease, was evicted without warning in March. nursing home injury lawyer

Although the nursing home has declined to comment on the pending case, court documents indicate the nursing home’s defense is likely to include allegations of aggression by the elderly woman toward staff. She reportedly threw some plastic tableware. The nursing home called for an ambulance, underwent a psychological evaluation – and the hospital found nothing wrong with her. However, the nursing home would not allow her to return, saying they are not able to care for her needs. Her son requested a hearing with the California Department of Health – a hearing that he won. But then the nursing home responded that the health department has no authority to enforce the ruling. That prompted the AARP Foundation’s legal arm to get involved. The foundation is now suing the nursing home on her behalf.

Although it’s reportedly the first time the foundation has taken up a case regarding nursing home eviction, it’s certainly not an isolated incident. In fact, NPR reports these “involuntary discharges” result in 9,000 complaints annually across the country. It’s the No. 1 complaint made about nursing homes, and several states’ attorneys general have gotten involved. For instance, Maryland’s attorney general is suing one chain nursing home for Medicaid fraud, alleging the firm charged for state services it never delivered – specifically, discharge planning.  Continue reading →

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Some nursing home patients seek care for the long-term expecting they will live out their days in that facility. Others know they will need longer-term, less intensive care than might be provided in a hospital, but hope eventually to improve and return to living independently.nursing home abuse lawyer

But when nursing home care is substandard, patients’ health may not improve as expected. In some cases, a patient’s health declines. Nursing homes that are negligent in providing proper care may be held accountable for the negative impact to patients’ health.

Accountability is the goal of one Boca Raton man, alleging treatment at a poorly staffed nursing home in South Florida amounted to negligence and left him requiring more medication and needing treatment longer than he otherwise would have.  Continue reading →

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A lawsuit recently filed in North Carolina alleges an elderly woman suffered in agony for 10 days with a broken hip after suffering a fall that went untreated and unreported by her nursing home.wheelchair

According to local media reports, plaintiff was a known fall risk when she was admitted to the facility, and there was even an alarm on her wheelchair intended to notify staffers if she were to get up.

Plaintiff alleges she called for an attendant to help her to the bathroom. However, there was no response, and as nature called, she decided to get up on her own. As she did so, she slipped and fell. This resulted in serious injury.  Continue reading →

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Most staff at nursing homes in South Florida and across the country are hardworking, well trained and dedicated professionals who do whatever they can to make sure your loved ones get the best possible treatment and care. However, there are some cases where the negligence of the staff results in serious injuries or even death of a resident.

nursing home abuseIn many of the cases involving nursing home negligence or abuse, we see instances where staff are not properly trained or supervised, or should never have been given the responsibility to watch over patients in the first place. Continue reading →

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According to recent news article from The National Law Review, one family has filed a lawsuit in which they claim the nursing home wherein their loved one was living failed to make any attempts to resuscitate her when they found her in a non-responsive condition.

Nursing Home Abuse The civil complaint alleges the victim was first admitted to defendant’s nursing home after a bad case of pneumonia, along with renal failure and complications with her diabetes management.  The family hoped the nursing home would be better able to monitor and control her diabetes, and then when she was further along in her recovery, they would take her home. That was a realistic goal given that she was only 52-years-old, but unfortunately, she died in the nursing home facility. Continue reading →

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Many people come to Florida later in life to retire.  However, many of these retirees will eventually need to transition into a nursing home or other 24-hour care center, and we have many of these of these facilities here.

nursing home lawyerThe problem is some of the facility owners see things a bit differently than us when it comes to their patients. Families see a facility that is designed to allow their loved one to live in peace and with a sense of well-deserved dignity, while also providing them access to much needed around-the-clock professional medical care.  Continue reading →

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A nursing home operating in the state of Florida owes a duty of care to all residents at the facility.  In a typical negligence case, that duty of care is a duty to act as a reasonable and prudent person to prevent foreseeable injury to foreseeable persons and property.  However, there are various other claims that can be filed in a negligence action.

nursing home lawsuit Two of the common claims filed in nursing home negligence actions are failure to properly train staff and negligent hire or retention.  This is an allegation that the management of a nursing home is not acting in a reasonable and prudent manner with respect to staffing practices, and that results in a foreseeable accident to residents. Continue reading →

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When we send our loved ones to a nursing home facility, we hope they will be safe and well-cared for.  In some cases, that unfortunately doesn’t always happen, and patients suffer severe personal injury or even death as a result of nursing home negligence.

nursing home abuseIn some cases, however, we have nursing home staff that is trying to do the right thing, but this is not always the case.  Sometimes we have staff that is taking advantage of, abusing, or otherwise harassing nursing home residents. Continue reading →

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