Orlando nursing home abuse lawyer

Published on: May 2, 2016

Possible Sun Exposure Death Investigated at Florida Nursing Home

Authorities are investigating the death of an elderly Florida nursing home resident who may have died of possible sun exposure after he was reportedly left outdoors for an extended period of time.

According to Health News Florida, first responders in Pinellas Park were called to a nursing home to treat a 65-year-old man who had sustained second-degree burns on his body. His abdomen was reportedly covered with blisters. Paramedics who arrived noted the man was severely dehydrated. Soon after, he went into cardiac arrest and died.

Detectives are trying to ascertain why the man was outside, how long he was outside for, whether he was being supervised and whether he may have been a victim of nursing home abuse and negligence. Continue reading →

Published on: January 29, 2016

Sexual Abuse at Nursing Home Costs Operator License

By Dean Freeman

It’s something that is difficult to talk about and sometimes not always easy to identify.

Sexual abuse in nursing homes can take several forms. It can be the aide who takes inappropriate pictures of a patient while bathing. It could also be another patient.

In cases where both victim and aggressor suffer from conditions like dementia, there could be a tendency by staff to brush off the known sexual encounters as two people seeking affection. But we have to be very careful not to make assumptions in these cases because one of the first questions should be: Can a person with limited mental function give consent? Often, the answer is no.

A troubling case out of Washington state shows what can happen when nursing home staff are too quick to dismiss these interactions as consensual. According to news reports, numerous instances of sexual contact between a male dementia patient and several female patients was deemed consensual by the director of nursing, who chose not to report the interactions to either the state or the families. Continue reading →

Published on: October 20, 2015

Report: Resident-on-Resident Abuse a Pervasive Problem in Nursing Homes

By Dean Freeman

Most families in search of a trustworthy nursing home in which to place loved ones are acutely aware of the possible dangers of abuse or mistreatment by staff. What they may be less attuned to is the danger posed by other residents.

They should know it is the duty of the nursing home to be aware of this potential, to guard against it and to address it immediately when it becomes known.

However, a new investigative report by the Buffalo News/ New America Media reveals one in every five residents experiences at least some form of aggression by another resident every month. Some of these conflicts involve stealing personal items. Some involve invading personal space. Others may escalate into verbal attacks or cursing. There may be sexually aggressive behavior, or advances toward individuals who are unwilling or are not capable of reciprocating. In some cases, residents may suffer slaps, shoves and even more violent actions. Continue reading →

Published on: August 29, 2015

NC Leasing v. Junker – Nursing Home Fall and Arbitration Agreement

By Dean Freeman

In NC Leasing LLC v. Junker, a state high court ruled it was erroneous in a nursing home negligence case to deny a motion to compel arbitration simply on the basis of forum unavailability. Instead, the trial court should have held a hearing to determine the agreement’s validity. The case was remanded to trial court to do just that.

This is one of a growing number of cases involving nursing home patients, their loved ones and arbitration agreements, which have become increasingly common in the nursing home admission process.

These agreements deprive residents of the right to bring action in a court of law, and instead route them to a forum of binding arbitration, which is generally confidential and often less favorable to plaintiffs. New nursing home residents or their loved ones often sign these agreements in the stack of admission documents, not quite realizing what they are signing. But the effect on their ability to seek compensation in the event of negligence, neglect or abuse is substantial. Continue reading →

Published on: August 17, 2015

Feds Seek Higher Scrutiny of Blood Thinner Use in Nursing Homes

By Dean Freeman

Federal authorities have issued notice to health inspectors across the country to watch for medication errors in nursing homes related to a blood thinner known as Coumadin.

The announcement cited a recent investigation by ProPublica and The Washington Post in which it was revealed hundreds of patients had been hospitalized or even died in recent years after their nursing home caregivers failed to properly monitor administration of the drug.

Analysis of existing government data showed that between 2011 and 2014, more than 165 residents in nursing homes either had to be admitted to the hospital or suffered fatal illness as a result of medical errors that directly involved Coumadin and warfarin (the generic version of the drug.).

Continue reading →