Articles Tagged with Florida nursing home abuse lawyer

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Police in Lantana have arrested an 87-year-old nursing home resident after a staffer reportedly walked in on him performing oral sex on a 94-year-old male resident at the facility. The alleged victim suffers from Parkinson’s disease and was not able to answer the staff or police questions beyond unintelligible responses. Despite this, the suspect reportedly told staffers the alleged victim “wanted him to” do what he was doing. 

Nursing home administrators, while declining to talk to reporters about the incident, did say that the media had, “blown the incident out of proportion.”

When it comes to sexual assault of an elderly, disabled victim, it’s hard to imagine making it a bigger deal than it is. The reality is that if these allegations are true, the facility failed in its responsibility to properly supervise residents, particularly where the alleged perpetrator was known to be “oversexed” and had gotten in trouble in the past for groping both staffers and other patients. Continue reading →

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A jury in Colorado has awarded the family of a former patient $5.5 million in damages – which included $5 million in punitive damages – following the death of a patient in 2013, just six months after she was admitted. 

Attorneys who represented her family announced in a press release the record-setting award in that county, which was based on the fact that her death was reportedly preceded by months of repeated abuse and neglect. The damage award was imposed against both defendants, the nursing home itself and its corporate parent, Life Care Centers of America, Inc. In Florida, there are more than two dozen nursing homes owned by this same corporation, including two in Orlando and one in West Palm Beach.

The press release asserted this was a company that, like so many others, put profits ahead of patient care. There with issues with poor care, gaps in charting and staffing shortages – all of which resulted in a fatal outcome for decedent, plaintiff’s mother. Continue reading →

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Nursing home arbitration agreements – which have become mandatory for admission for many facilities across the nation – restrict patients’ access to the court system in the event of disputes arising as a result of poor care or criminal acts. They are a serious problem, as they serve to curtail the damage awards patients and their loved ones might otherwise receive.

Now, they are a topic of discussion among Congressional leaders in the House of Representatives. In a recent session, a number of Democratic leaders implored their colleagues for a solution that would overhaul this private system of justice that often favors the nursing home. The problem is arbitrators generally consider the nursing home their clients.

Rep. Hank Johnson (D-GA), asked his colleagues to pass a bill he had recently introduced that would prohibit firms from pushing civil rights lawsuits (including nursing home abuse lawsuits, employment discrimination lawsuits and others) into an arbitration forum. Johnson said arbitration clauses are especially damaging for women, minorities and vulnerable populations, such as those in nursing homes.  Continue reading →

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