Orlando nursing home neglect

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: December 21, 2015

Nursing Homes Accused of “Patient Dumping”

By Dean Freeman

A consumer advocacy group is suing the state Health & Human Services Agency, alleging a systemic practice known as “patient dumping” – or illegally refusing to re-admit nursing home patients on the state subsidized healthcare program known as Medi-Cal after a hospital stay.

The lawsuit, Anderson et al v. Dooley et al, asserts as many as half of the nursing homes are illegally refusing to readmit patients after they are discharged for temporary care out of the facility. The goal of these facilities, allege plaintiffs, is to shed these patients in favor of either private pay patients or those who receive Medicare. For care of the latter, these facilities would pocket more money.

Federal law would require that a nursing home refusing readmission following temporary care allow for an appeal hearing. Further, states re required to enforce the decisions made at that hearing. These legal obligations were reportedly explained to the state health department explicitly back in 2012. 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 →