Published on:

Numerous nursing homes in Florida are still non-compliant with a new rule that requires facilities to prove they can run generators for four days without power and keep inside temperatures at 80 degrees or less. It required that nursing homes submit their plans to the state by Oct. 31st and be in compliance with the rule by Nov. 15th, or else begin incurring a $1,000-a-day fine. nursing home negligence

Emergency Rule 59AER17-1 is under legal challenge, but the rule is intended to prevent nursing home deaths like more than a dozen that occurred in the wake of Hurricane Irma, when facilities were without power. Those residents all died of heat-related causes when the facility in which they were housed did not have a working generator to keep the residents safe from the South Florida swelter.

As of Nov. 8th, there were still 18 facilities that had yet to offer up proof of compliance with the rule.  Continue reading →

Published on:

Most residents of nursing homes, being over the age of 65, grew up in an era without computers, let alone cell phones or social media. Yet many are fast finding themselves confronted with the ugly underbelly of these technologies, as those entrusted with their care abuse their trust, snapping and posting inappropriate, embarrassing or abusive pictures of elderly patients. nursing home abuse

This can be sexual exploitation by a caretaker, particularly if the patient’s private parts are displayed – even if the images themselves aren’t necessarily intended to be of a sexual nature. Many of the images, as reported by NPR and ProPublica investigations, are by workers who may intend to “blow off steam” from being stressed and overworked. Nonetheless, it violates the patient’s rights, and may be actionable in civil court, particularly if there is evidence the nursing home may have been informed of it and failed to take action. ProPublica identified at least three dozen cases of this happening last year, the majority of those occurring on Snapchat.

Yet another incident was reported recently, this time in Illinois. According to local news source The Pantagraph, reports two certified nursing assistants (CNAs) who were a couple snapped and shared numerous residents in photos that were both unauthorized and “inappropriate.” The images included shots of elderly individuals who were dressing, bathing, toileting and resting in bed. All of these images, according to a recent nursing home lawsuit filed, were of the residents in situations that were embarrassing or humiliating.  Continue reading →

Published on:

A pair of emergency rules requiring Florida assisted living facilities and nursing homes to be equipped with generators to effectively cool and fuel buildings for 96 hours has been struck down by an Administrative Law Judge. Gov. Rick Scott promised to appeal the court order immediately.nursing home wrongful death

The judge handed down a 66-page ruling, wherein he stated the state had failed to establish it was necessary to increase the self-sufficiency of nursing homes and assisted living facility sites in the event of an emergency.

The judge went on to explain in the order that the remedy for this emergency deficit cannot reasonably be enacted by the deadline of Nov. 15th. Scott railed against the order, saying the judge’s legal reasoning was short-sighted. He vowed to appeal the order and continue working to make the rules permanent. Continue reading →

Published on:

Several families are pursuing litigation against a South Florida nursing home after a disastrous post-hurricane evacuation resulted in more than a dozen deaths. However, in order to do so, they will face significant legal hurdles.nursing home abuse attorney

Nursing home abuse attorneys in West Palm Beach recognize that these cases are difficult, but not impossible. Although most civil injury and wrongful death cases are settled prior to trial, having an experienced litigator and trial attorney is necessary. Preparation, skill and experience are critical.

At this juncture, Bloomberg Law reports at least 10 lawsuits have been filed against the Hollywood Hills nursing home that evacuated in September, days after Hurricane Irma cut off power to the air conditioning system at the facility. Fourteen residents died. However, holding the owners of the facility responsible could prove difficult. There are several reasons for this. Continue reading →

Published on:

Elder financial abuse is a serious and growing problem in nursing homes across the country. Most often, it’s classified as an issue that occurs when a caregiver – usually a family member – takes advantage of the elderly person’s trust or position of need. However, it happens in nursing home facilities too where a company misrepresents the quality of care to patients, prospective patients, family members and government agencies that pay for this care. nursing home abuse

Recently in California, four residents living in residential care facilities owned by a single chain provider sued the company’s founder and developer, alleging fraudulent practices that exposed them to risk of injury and deprived them of necessary care.

According to the Press-Democrat, the lawsuit alleges residents were discovered on the ground, left soiled for hours at a time and at least one suffered an unexplained injury due to perpetual understaffing that amounted to fraud. The company reportedly misrepresented the care it was providing residents when it came time to collecting federal healthcare benefits for those patients. Further, the facility fees, which in some cases were $10,000 per resident per moth, were based on budgets crafted to rake in the highest profits, rather than assess the individual needs of each resident.  Continue reading →

Published on:

A recent government audit blames Medicare for failure to enforce a federal law that requires immediate notification of nursing home abuse and neglect to police.nursing home abuse

Based on preliminary results from a large sample of cases over 33 states, the Office of Inspector General for Health and Human Services reported that while this is just early data, immediate action was required. The IOG investigates instances of waste, fraud and abuse within the health care system. This particular audit was part of a bigger investigation, which is ongoing, and additional results are expected in the coming months. The agency released an early alert memo regarding these initial findings, prompting the Senate Finance Committee to request additional information regarding elder abuse in nursing homes. Specifically, the committee chair has requested information on whether HHS intends to reevaluate its procedures to make sure nursing home abuse and nursing home neglect is not only identified but also reported.

It’s estimated approximately 1.4 million people live in nursing homes across the country. According tot he Florida Health Care Association, there are 683 licensed nursing homes in Florida and another 3,100 assisted living facilities. The IOG report revealed there were more than 130 cases wherein emergency room records showed possible abuse – physical abuse, sexual abuse or neglect. This was over the course of a two-year-period. Of those, 28 percent – more than 1 in 4 – had no record of any report being made to local law enforcement. Continue reading →

Published on:

A $1.2 million nursing home abuse damage award was affirmed by the U.S. Court of Appeals for the Tenth Circuit after finding no reversible error by the trial court. nursing home abuse

The jury had decided the case in favor of plaintiff, who alleged negligence, negligence per se and intentional infliction of emotional distress, concluding also that defendant nursing home had acted with reckless disregard for the rights of others, resulting in a $10,000 punitive damage award tacked onto the $1.2 million in compensatory damages.

The case involved an elderly nursing home resident who was limited in her capacity for mobility and communication due to arthritis and dementia. She had lived on her own until she was 90-years-old, at which time her family arranged for her to stay at a nursing home to receive constant care. At some point, her family began to notice personal items missing from her room. When they received an unsatisfactory response from the nursing home, they installed a hidden camera in her room to get to the bottom of it. What they discovered was much worse than theft.  Continue reading →

Published on:

A nursing home in California voluntarily closed, displacing some 125 residents, amid allegations of sexual assault involving two patients. The facility will close permanently next month, and residents will be sent to one of three other facilities operated by the same owner. nursing home abuse

But the question of what happened – and whether it was in fact abuse – still lingers, and it’s one that has arisen numerous times in nursing homes in Florida too, as well as across the country.

The Sacramento Bee reported one of the patients involved was a 79-year-old woman with Alzheimer’s. The other was a 70-year-old man who was cognitively intact. The man had been observed months earlier touching the woman’s breast. When the incident occurred, he later told investigators she initiated the contact, taking off her clothes and calling him “darling.” The woman told investigators she had made love to her husband, who is deceased.  Continue reading →

Published on:

As Hurricane Irma loomed off the coast of Florida in the first week of September, state officials warned the public to be ready. Now, a South Florida nursing home is accused of failing to do just that, and also of a serious breach in patient care that led to the deaths of 10 elderly, vulnerable residents who went days without power in the sweltering heat. Several of those who died had body temperatures between 107 and 109 degrees. nursing home neglect

The deaths have sparked outrage, a criminal investigation and at least a handful of lawsuits from victims or relatives of those who died, alleging negligence.

According to The Miami Herald, plaintiffs allege their loved ones were victims of a facility that not only failed to prepare for the possibility of no power, but also of not evacuating when conditions became more serious. The nursing home lacked power for three whole days, and administrators said they repeatedly tried calling the governor’s office for help. But meanwhile, directly across the street, was a fully-functional, air conditioned hospital.  Continue reading →

Published on:

The family of a New Jersey woman is suing a nursing home after their loved one died as a result of a painful bedsore she reportedly developed while in the center’s care. This is unfortunately an all-too-common scenario for those who entrust their care to nursing homes. Bed sores are not a normal part of nursing home living. They are preventable and treatable if caught early. No one should die as a result of a bed sore infection. nursing home injury attorney

NJ.com reports the 90-year-old woman was admitted to the facility two years ago with a broken right hip. She was confined to her hospital bed for a period of 100 days, after which point her insurance ran out. In all that time, her family alleges, the doctor and staffers at the facility either failed to notice or ignored the fact that she had developed and was suffering from a serious bed sore on her lower back.

When the woman was returned home to family after her insurance ran out, it was only then they discovered the sore on her back. Her family rushed her to a nearby hospital, where she was diagnosed with a Stage 4 decubitus ulcer. The sore was so far progressed, the woman was suffering from deadly sepsis.  Continue reading →

Contact Information