Articles Tagged with nursing home abuse

Published on:

Nursing home safety advocates are calling on Florida lawmakers to pass an amendment to the state constitution that would guarantee certain rights to vulnerable residents in nursing homes and assisted living centers.nursing home injury

An incident of nursing home negligence in Orlando last year – resulting in a recently announced $1 million fine by federal authorities – is the latest to spark discussion of the need for such change. According to the Orlando Sentinel, the facility assigned a single assistant to supervise a trip to a local super store with nine residents – all of whom required around-the-clock care, five of whom were in wheelchairs and three who used walkers. One needed the bathroom but the assistant was nowhere to be found, so the man attempted it on his own. He ultimately lost control of his bowels and his balance, suffering a broken hip. When the attendant rushed to aid the man,  he neglected the others.

It was this incident (along with another wherein a patient did not receive important medical treatment) that resulted in a government investigation and subsequent fine. Nearly two dozen health code violations were cited, and the facility earned a spot on the national watch list of facilities that don’t correct repeat issues. Despite the fine, advocates for safer nursing homes say it doesn’t go far enough. They want a formal bill of rights added to the constitution, where it could not be easily rolled back by lawmakers or future presidential administrations squeezed or swayed by nursing home industry lobbyists and stakeholders.

One of those calling for change leads a national nursing home advocacy group, and says the public is largely unaware about the way these facilities are run and the risk they pose to residents. He noted it’s telling that even 12 nursing home resident deaths of heat-related illness after Hurricane Irma – all classified as homicides – were not enough to spur industry change. The facility may yet lose its license and Gov. Rick Scott has asked the facilities to maintain backup generators that can provide at nearly 100 hours of fuel so temperatures can stay at a safe level in the event the power goes out for an extended time. The governor has also asked for the panel that combs the state’s constitution every two decades for a determination potential changes pertaining to the protection of nursing home residents. Proposal 88 is now being considered by the commission and is the public hearings stage. If the panel approves it, the issue then goes to voters this fall.  Continue reading →

Published on:

Florida is known to have some of the broadest public records laws in the country. That extended to nursing home abuse and neglect records, kept by state health regulators. However, as The Miami Herald recently reported, those records have been wiped from the state’s online database, in what appears to be an erosion in public records access. nursing home abuse

Approximately three months ago, The Herald reported, the state scrubbed its website, which previously made readily accessible reports of nursing home violations that put residents in immediate jeopardy. It’s not that the records themselves are no longer public. Anyone can contact the Agency for Health Care Administration and ask for it. However, you have to know exactly what you’re looking for and whom to ask. You will most likely be required to wait and you’ll probably have to pay – something that was not required previously under the state’s online system.

On the pages that previously provided such information for free, the AHCA now directs the public to a different site run by the Centers for Medicare and Medicaid Services. That site fails to provide as much detail as the AHCA had before (though all reports had been screened and redacted for medical privacy). And while the AHCA does offer basic spreadsheets that rank nursing homes on a host of criteria, providing families with some basis on which to compare, but these reports are scant on details and lack transparency. Continue reading →

Published on:

Nursing home facilities have a responsibility to ensure that staffers are adequately screened, trained and supervised. It appears, at least according to a six-month investigation by journalists in Northern Texas, that hundreds of certified nursing assistants with serious or violent criminal histories have been hired to care for elderly and vulnerable patients in the region’s nursing homes.nursing home abuse lawyer

Further, the report by WFAA-8 revealed many of these individuals were working in the homes legally. There were, however, several instances in which the nursing assistants were convicted of certain offenses that should have made them ineligible to work in that capacity, yet they were hired anyway. All of this, advocates fear, is putting residents at risk of nursing home abuse.

Some of the crimes for which the CNAs were convicted included things like continuous violence against family, aggravated assault with a deadly weapon, aggravated sexual contact with a child and injury to a child. Other crimes included offenses that involved theft, like burglary and aggravated robbery. The analysis also indicated Texas’ rate of nursing home abuse was four times that of the national average. Still, to assume this problem is isolated to Texas would be erroneous.  Continue reading →

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:

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:

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 $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:

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 →

Published on:

A $6,000-per-day penalty imposed by the Centers for Medicare and Medicaid Services on an Illinois nursing home was upheld by the U.S. Court of Appeals for the Seventh Circuit recently. The fine stemmed from a finding that the nursing home put patients in immediate jeopardy when it failed to protect them from nursing home abuse and theft. The CMS investigation also revealed the facility failed to timely report or thoroughly investigate allegations of abuse inflicted on residents, and didn’t implement policies on abuse, neglect or property theft. nursing home abuse

The appellate court ruled there was substantial evidence to support CMS’s conclusions that formed the basis for the penalty. It stemmed from a site visit by investigators with the state health department back in 2014.

There was an allegation at the time that a resident and his wife suffered emotional abuse when a female staffer approached the male resident, grabbed his face in her hands, kissed him on both cheeks and then the forehead before telling him she had always loved him. Administrators did launch an investigation into the incident, but only insofar as they questioned staff and other residents. However, they did not formally interview the resident or his wife.  Continue reading →

Contact Information