Nursing Home Abuse in Florida
Florida Fines Nursing Home for Mishandling Nursing Home Abuse Claim
April 18, 2013
This week, the state of Florida assessed a hefty fine against an Ormond, Florida nursing home that failed to properly handle a severe case of nursing home abuse.
According to reports, Florida Agency for Health Care Administration (ACHA) inspectors uncovered a complaint of sexual abuse at the Avante at Ormond Beach nursing home which had never been reported. The initial complaint alleged that a former employee of the nursing home snuck into the bed of one of the elderly residents. However, according to ACHA, the incident was not properly reported.
Per the executive director of Families for Better Care, Brian Lee, nursing homes are required by state and federal laws to report any and all instances of nursing home abuse, even if it’s just hearsay:
“Nursing homes are supposed to be protecting our parents and grandparents. When they don’t do that, they should face serious repercussions,” Lee told the Daytona Beach News Journal.
As a result, the nursing home has been put issued a temporary license, granted for 30 days. During this time, the facility must come up with the funds to pay a $36,000 fine for mishandling the reporting of the sexual abuse allegations.
Meanwhile, the state of Florida also allows the victims and family members to retain a Jacksonville nursing home abuse attorney and file for civil damages as well.
So far, the nursing home’s administrators have yet to return phone calls regarding the fine, but reports show that a corrective action plan has been turned in by Avante, and ACHA has accepted it.
Florida Facility Placed on Worst Nursing Homes List for Nursing Home Abuse and Neglect
November 5th, 2010
Palm Terrace of St. Petersburg, Florida has made it onto a federal list of the worst nursing homes in the country. The for-profit nursing homes must make improvements within the next within 18 to 24 months or it could be fined and stripped of its Medicare and Medicaid privileges.
The state inspection report shows that Palm Terrace was cited for various deficiencies on May 25, May 28, June 29 and Aug. 10 of this year, and three times last year. The nursing home has been labeled a “special focus facility” by the Centers for Medicare & Medicaid Services meaning they will be inspected twice as frequently as other nursing homes.
In June, state inspectors found Palm Terrace failed to promptly resolve grievances against an allegedly abusive resident and did not take necessary measures to prevent resident-to-resident physical and psychological threat. The nursing home was also required to file an immediate federal report but failed to do so.
In August, the home was cited again for failing to implement necessary safety precautions when treating a resident who was at risk for falls due to dementia.
State inspectors revisited Palm Terrace regarding the June and August citations and found that the deficiencies causing nursing home abuse and nursing home neglect were corrected. Palm Terrace will be removed from the worst nursing homes list if it makes improvements that are continued over time.
Another St. Petersburg nursing home, Bon Secours Maria Manor, also made its way onto the worst nursing homes list but was recently taken off after making necessary improvements.
Florida Court Strikes Down Damage Cap on Nursing Home Abuse Cases
January 6, 2012
The Florida Supreme Court has recently struck down nursing home abuse case clauses that would put a cap on damages that abuse victims and their families can receive.
The two cases where the Florida Supreme Court recently decided against such a cap were Shotts v. OP Winter Haven and Gessa v. Manor Care of Florida. These decisions will make it easier for victims and their families to receive a just compensation for nursing home negligence, without a monetary cap which can protect negligent nursing homes.
Legal experts are hoping that these decisions in Florida will halt nursing homes in other states from trying to put a cap on damage charges.
In cases such as these, a nursing home abuse lawyer plays a crucial role in fighting for abuse victims. We encourage you to contact a nursing home abuse attorney if you or a loved one was abused or neglected in a nursing home.
Florida Aide Arrested for Nursing Home Abuse; Tax Fraud
May 31, 2013
A Florida nursing home aide was arrested last week for reportedly using the information of several residents to file counterfeit taxes. In Florida, financial exploitation of any kind, including using personal information of the elderly, is a form of nursing home abuse.
According to reports, Portia Charleston, 23, a former nursing assistant at the Palm Garden of Winter Haven nursing home, in Winter Haven, was arrested at a traffic stop on May 26 for an outstanding warrant that was placed on her a few months back.
In March, Charleston abruptly stopped showing up for work shortly after police officers searched her home for evidence of tax fraud. Police searched the nursing home next, where they found the personal information of over 100 people in Charleston’s belongings. Social security numbers and birthdates were listed next to each person’s name. A total of 13 nursing home residents’ information was listed in the group of names.
Charleston was already a suspect for 2012 tax fraud. The Internal Revenue Service (IRS), per her arrest report, lost close to $69,000 because of her fraudulent activities. She’s charged with grand theft, scheming to defraud, and aggravated white-collar crime.
Charleston’s father is also a suspect in the tax fraud scheme. Police are currently looking for 49-year-old Norman Vince Charleston for suspicions of identity theft.
If you or a loved one have been victim to nursing home abuse, an experienced nursing home abuse lawyer may be able to assist you. At McIver Brown Law Firm, our award-winning Florida nursing home abuse lawyers have helped numerous victims win maximum financial compensation. Give us a call today for a free consultation.
Florida Aide Accused of Nursing Home Abuse
March 28, 2013
A nurse’s aide in Lealman, Florida is behind bars this week after being accused of nursing home abuse at his former place of employment.
Per the Pinellas County Sheriff’s Office, 28-year-Joshua Baker was arrested on Weds., March 27, after allegedly sexually molesting an elderly resident at the Lealman Assisted Living facility. According to investigators, Baker was found by witnesses in only his underwear while on top of the victim. He immediately got up and stated that the incident “isn’t what it looks like.”
The matter was reported to the nursing home’s management as well as the local sheriff’s office. Once detectives interviewed Baker, he was placed in cuffs, arrested, and taken to the Pinellas County jail. He remains in custody on a $10,000 bond.
Baker faces a felony criminal charge of lewd and lascivious molestation of an elderly person. However, should the victim retain a Tampa nursing home abuse attorney, which is near Lealman, and file for damages, Baker may also face civil charges.
At this time, the detectives don’t think there were any other victims.
Elder and nursing home abuse continues to be a problem in the United States. According to the National Center on Elder Abuse, Bureau of Justice Statistics, there was a total of 5,961,568 elder and nursing home abuse cases in 2010 alone. These cases don’t represent the numerous incidents that were never reported.
Because of the devastating statistics, Florida, along with many other states, are trying to implement new laws which help protect the elderly from abuse and neglect.
Florida Agency Suggests Changes after Nursing Home Abuse Involving Children
January 18, 2013
After an abundance of criticism and commentary regarding Florida’s law mandating that disabled children be sent to local nursing homes, a Florida agency is pitching new ideas for changes. The outcry came after several children suffered from nursing home abuse, and in some cases, even death.
According to reports, the Florida Agency for Healthcare Administration has launched the Enhanced Care Coordination Program. The new program will sign up at least 28 nursing home coordinators in an attempt to give additional attention to disabled children already placed in nursing homes and help them to be eventually be removed from the nursing home’s care.
However, Florida is still under tight scrutiny with the federal government about the previous nursing home abuse and neglect cases. Katie McAllister of the Florida Development Disabilities Council is hoping that the new program will help the children get out of the nursing homes, which in turn will help the state as well.
“The Florida Development Disabilities Council believes that children, even those with medically complex conditions, should be living with their families or in a home-like environment,”
Today, there are still over 220 children living in Florida nursing homes. The U.S. Department of Justice finds this sort of treatment as completely unnecessary and has threatened Florida with lawsuits.
Meanwhile, the parents who’ve suffered because of their children being abuse have taken matters into their own hands by hiring a Florida nursing home abuse attorney to explore their options.
Florida Advocacy Group Lists States with High Nursing Home Abuse Rate
August 12, 2013
Better Care, a Florida-based advocacy group that inspects homes for nursing home abuse, revealed several states this week that have extremely high rates of abuse and neglect.
According to the advocacy group’s “report card,” every state in the nation was inspected and then graded based on federal guidelines and measures, such as the amount of infractions each nursing home was found with and the average hours that staff members work.
Fortunately, three states, which include, Alaska, Rhode Island, and New Hampshire, received excellent overall grades. However, other states didn’t fare so well, with several of them receiving poor grades.
Coming in dead last for the most deficiencies, neglect, and abuse issues are Texas, Louisiana, and Indiana. Georgia and Tennessee were also ranked at the bottom after both stated scored below average.
In addition, the advocacy group also found that only seven states in the nation offered residents more than an hour of individualized professional care each day, and at least 96% of all of the states offered less than three hours of direct care. In addition, throughout half of all states, one out of five residents were either neglected, abused, or both.
According to Brian Lee, the executive director of the advocacy group, the nursing homes that provide better care showed a trend of having more staff members who worked more hours.
“ A distinctive trend differentiated the good states from the bad states. States whose nursing homes staffed at higher levels ranked far better than those with fewer staffing hours,” said Lee.
If you or a loved one have been victim to nursing home abuse, remember that you may be entitled to compensation for medical bills, pain, suffering, and more. A nursing home abuse lawyer can help you understand your rights. Our dedicated team of experienced nursing home abuse lawyers at McIver Brown law firm have helped numerous clients win the justice they deserve. Call us today for more information.
Are Florida Policies Enabling Nursing Home Abuse and Neglect?
May 16, 2011
A recent opinion piece on OrlandoSentinel.com argues that recent policies in Florida are enabling nursing home abuse and neglect instead of fighting against it.
The article points out attacks on Florida’s successful ombudsmen program such as removing the watchdog group’s leader–and his successor–and introducing a bill that would have made it more difficult for ombudsmen to visit nursing homes.
Legislators also cut Medicaid reimbursements by over $180 million. And given the shortage of government money now going to nursing homes, lawmakers have also lowered the number of hours staff must give direct care to residents from 3.9 hours a day to 3.6.
The article charges that “The state’s message was clear: We’re not going to pay you as much. But don’t worry. You won’t have to care for your residents as well as before.”
Previous safeguards for the elderly are also being taken away by legislators. And there is talk of capping lawsuit amounts a nursing home abuse lawyer can help families receive in abuse and neglect cases.
The writer of the article urges Floridians to stand up and speak out and help protect the elderly of Florida.
$200 Million Verdict in Florida Nursing Home Abuse Case
January 14, 2012
A $200 verdict has been awarded to the estate of an elderly nursing home resident who died after from falling down a stairwell while strapped into her wheelchair.
Nursing home staff said the alarm on the stairwell door was often disabled and the door unlocked so they could smoke outside.
The elderly dementia patient was a resident at Pinellas Park Care and Rehab Center in Florida. The nursing home has a history being of being understaffed and other abuse and neglect issues.
The nursing home choose to not defend itself in the case. The nursing home abuse law firm of Wilkes & McHugh said the nursing home owners chose not to defend themselves due to shady business practices.
We encourage all family members of nursing home residents to watch for signs of nursing home abuse or neglect and report any suspicions to authorities right away. From there we also advise you to get in touch with an experienced nursing home abuse lawyer to discuss your potential case.
$1.8 Million Settlement in Florida Nursing Home Abuse Suit
December 18, 2012
In 2008, legendary wrestler and celebrity George Dahmer died at the Lake Worth Manor nursing home in Lake Worth, Florida. At age 72, family members stated it was nursing home abuse and neglect that ended the former wrestler’s life prematurely. Shortly after, Dahmer’s son Steven, along with Dahmer’s widow, Patricia, retained a Florida nursing home abuse lawyer and filed a civil suit against the nursing home.
According to reports, when Dahmer entered Lake Worth Manor, he was solidly-built and had no problems moving around on his own. He was healthy, but needed additional care assistance in his aging years. Yet, within a little over two months after arriving, he had lost over 30 pounds and couldn’t walk or talk. Additionally, he suffered from bedsores, lost dentures, and painful falls. The family was never notified. In fact, it wasn’t until Dahmer was transferred to another nursing home that his son noticed how bad his wounds were.
As a result, jurors in the Lake Worth courthouse this week mandated that Lake Worth Enterprises, LLC, pay $1.8 million in damages to Dahmer’s estate. Shortly after the incident, the nursing home changed its name to Oasis Health and Rehabilitation Center.
Florida Nursing Home Named Defendant in Nursing Home Neglect Case Following Death of Bartow Woman
August 4, 2014
Florida Nursing Home Named Defendant in Nursing Home Neglect Case following the death of Bartow Woman.
The daughter of a woman from the city of Bartow in Florida, the county seat of Polk County, who died from alleged neglect while living at a nursing home has filed a lawsuit against the home.
Barbara J. Seabron was a resident at Lakeland Hills Rehabilitation Center, a not-for-profit nursing home, from April 22, 2011, until April 7, 2013. Seabron died at the home from a catalog of illnesses and conditions that all point to neglect.
Not only did the woman suffer from preventable bedsores, but she had a number of UTIs and a jaw and eye infection amongst others including a wound infection. She was also suffering from dehydration.
One of Seabron’s daughters, Felicia White Baker, has filed the lawsuit against the home claiming that they were negligent and failed to care for her mother appropriately resulting in their death. They are being sued for failing to monitor signs of infection and failing to stop the woman becoming dehydrated.
Clear signs of neglect such as bedsores, malnutrition, and dehydration are all types of abuse that can take place in nursing homes across the country. Sadly those who are meant to be looking after our loved ones are more often than not the same people who are responsible for the neglect and abuse.
Our site provides information and advice on how to spot signs of nursing home abuse and neglect. Visit our homepage for more information about how McIver Brown can help you and your family against those who have harmed you.
Florida Nursing Home Investigated for Nursing Home Abuse
December 1st, 2010
Clare Bridge nursing home in Cape Coral, Florida is under investigation by the state for nursing home abuse. Clare Bridge, which provides care for Alzheimer’s and dementia patients, has fired three workers amid the investigation, said a company spokeswoman.
Police were alerted earlier in the month to possible abuse in the nursing home after two family members of residents said a staff member had told them a nursing assistant was abusing residents. Holly Botsford, a spokeswoman for the nursing home’s parent company, Brookdale Senior Living, said the terminations were not related to that incident.
“Specifically, the acts for which terminations occurred were directly tied to failure to maintain confidentiality, disrespect, threatening others, and spreading gossip,” said Botsford via email.
Senior citizens are particularity vulnerable in nursing homes where they are under the care of others. Loved ones of nursing home residents need to be vigilant about the signs of nursing home abuse, and are also advised to contact a nursing home abuse lawyer if they suspect abuse.
Florida Nursing Home Closes Unit After Nursing Home Abuse and Death
February 4, 2013
A Miami, Florida nursing home in which nursing home abuse resulted in the death of two children last year has permanently closed its doors to the children’s nursing unit after a bitter battle with Florida’s system of care.
According to reports, in late January, Golden Glades Nursing & Rehabilitation Centers told the state health administrators. At the time the nursing home was homing 19 children; a drop from a previous 30. The decision came after the deaths of two children that lived in the nursing home, resulting in fines of over $300,00.
Since learning of the upcoming closing, social workers and administrators have been making attempts to relocate the children still living in the nursing home to medical foster homes. Last week, three of the remaining children at the nursing home were transferred, while a final child is awaiting transfer.
Meanwhile, the parent of one of the children that died, Doris Freyre, is still searching for justice for her daughter, Marie, who was taken from her mother and moved to Golden Glades, where she died shortly after. Although Doris wanted to keep her daughter in her care, the state of Florida told her that the law allows the child to be taken to a nursing home where she can be better taken care of. Within hours of being there, the child started exhibiting severe signs of stress. After being strapped down and taken to a local hospital, she died only hours later of being sent to the nursing home.
“I started crying because I knew it would be too much for my daughter on that trip. There was no doctor there to receive her, only nurses. They didn’t send a report on how to give her food or meds. They didn’t give her food or water until late hours of the night. My family has been destroyed,” Doris said in a news statement after the incident.
Doris, along with the other parents, have the right in the state of Florida to retain a Florida nursing home abuse lawyer and file for civil charges.
Florida Nursing Home Closed Due to Repeated Nursing Home Abuse
July 20th, 2010
The Glenwood Nursing Center of Jacksonville, FL has been closed due to numerous instances of nursing home abuse. Glenwood had their license revoked by the Agency for Health Care Administration and a complete relocation of their residents has been ordered. The shut down was prompted by many instances of nursing home abuse and nursing home neglect that have taken place over the past 3 years.
Many of the issues are due to inadequate safety precautions and a general lack of staffing. Reported abuse and neglect incidents include numerous and repeated falls, violent behavior among residents, and residents purposely overdosing on drugs. The Jacksonville police have been involved with many of these incidents and have long known about the nursing homes negative history. Other issues contributing to the revoked license are fire code violations and lack of proper fall prevention measures.
Glenwood has a long history of nursing home abuse. One of the worst cases was in 2002 when a resident raped a comatosed woman. This took place while the nursing home was operating under the name Southwood Nursing Center. Glenwood has also operated under the name Riverwood Nursing Center. Glenwood is owned and operated by its parent company Sterling Health Care, which operates six nursing homes in Florida.
Residents of Glenwood need to be relocated by August 26, 2010 and the state Department of Children and Families and the Long Term Care Ombudsman are helping with the move. The DCF is helping relocation by finding beds at other nursing homes and making sure the rights of the residents are preserved during the difficult transition. The DCF is also paying special attention to protecting residents’ assets and belongings, which are particularly vulnerable during a change of residence.
Florida Nursing Home Abuse Reform Fails to Pass Once Again
May 10, 2013
On the last day of Florida’s legislation, a bill to help reform the influx of nursing home abuse and neglect has once again failed to pass.
According to reports, Bill SB 646 was passed by the Senate, which would allow tighter measures on the state’s nursing homes, including more frequent inspections and more severe penalties for deficiencies and infractions. Jack McRay of AARP and an advocate for the new bill expressed his disappointment recently after the bill showed no movement in the House:
“I am hugely disappointed. I think that in the next go-around, the Legislature ought to focus more on protecting residents of ALFs than protecting the industry,” said McRay.
Reforms have been sought after since 2002, after the Miami Herald uncovered a shocking amount of abuse and neglect happening throughout Florida nursing homes. For example, many disabled children died while living in area nursing homes, even though their parents were against sending them there. Other forms of abuse consisted of severe neglect, dehydration, malnutrition, physical and sexual abuse, and more.
Backers of the bill feel that it’s taking too long to get it passed, and don’t want more tragedies to take place before it’s finally passed.
Keep in mind that if you or a loved one have been victim to nursing home abuse, an experienced nursing home abuse lawyer may be able to assist you. At McIver Brown law firm, our team of leading Florida nursing home abuse lawyers have helped numerous clients win maximum financial compensation in their cases. Give us a call today for a free consultation.
Florida Nursing Home Abuse Prevention Program Could Be Weakened by Legislators
April 4, 2011
A recent opinion piece on OrlandoSentinel.com speaks out against Florida Gov. Rick Scott and state legislators taking steps to weaken the state’s Long Term Care Ombudsman, even though it is cost effective and helps prevent nursing home abuse and neglect.
Florida politicians are seeking to weaken the program by taking away the need for yearly site visits and making it more difficult for Ombudsman volunteers to access nursing home records.
The article says that Florida’s 400 ombudsmen are all volunteers with the program costing taxpayers very little. And a survey found that 98 percent of people who contacted an ombudsmen were satisfied with their services of investigating nursing home abuse and neglect complaints.
Last year the agency performed a record 9,000 investigations in an effort to keep nursing home residents safe.
The article urges Florida residents to speak out against those trying to weaken this successful program by getting contact information for House and Senate members at leg.state.fl.us and telling them to keep the program as is.
Also crucial in the fight against nursing home abuse is contacting a nursing home abuse lawyer if you know of or suspect abuse or neglect.
Florida Nursing Home Abuse Leads to Death
November 12, 2012
A 14-year-old Florida Nursing home resident died after suffering from nursing home abuse and neglect.
Marie Freyre suffered from cerebral palsy, seizures, and an array of other medical issues. Her mother, Doris Freyre, took care of her for 14 years, until social workers insisted that the minor be sent to the Florida Club Care Center. Although typically reserved for elderly citizens, social workers and advocates in Florida have a history of sending disabled minors there as well.
When Marie arrived, she was kicking, screaming, and inconsolable. It was the lack of medical treatment, however, that ultimately led to the 14-year-old’s death. Allegedly, the nurses at Florida Club Care Center failed to provide her with medications she needed in order to live. In addition, she may have only been fed applesauce to eat. Medical reports indicate that she struggled to breathe for several hours before a doctor was called.
Federal civil rights attorneys have battled Florida health regulators for years on their practices of housing sick and disabled children in nursing home. If there are no changes, The U.S. Justice Department’s Civil Rights has threatened to file a lawsuit against the state. Meanwhile, the loved ones of the child have the right hire a nursing home abuse attorney and file a lawsuit against the state and the nursing home.
Florida Nursing Home Abuse Allegations Results in Fines and Probation
May 17, 2013
A Crestview, Florida nursing home faces state-mandated probation along with fines after serious nursing home abuse issues have come to surface.
According to Agency for Healthcare Administration (AHA), Silvercrest Manor Nursing Home reportedly not only failed to report abuse at its facilities, but also failed to develop a plan to help prevent abuse and neglect. At least 60 residents were determined to be in harm’s way and at risk for abuse and injuries.
In a settlement agreement created on May 10, the document states that although staff members were warned several times of their negligent and abusive behavior, no change was ever made. Examples include the staff acting rudely, refusing to care for certain residents, physical mishandling and roughness, medical negligence, and more. Since the nursing home failed to take action against the abusive staff members, the facility now faces a $3,500 fine and probation.
The nursing home has 30 days to appeal the findings, which according to AHA, have been classified as a Class 1 and Class 2 violations. Additionally, the nursing home has been placed on a national watch list, and is now considered a “Special Focus Facility” (SFF).
So far, no staff members have been reprimanded in any way for the abuse allegations, and the nursing home is denying any wrong doings.
If you or a loved one have been victim to nursing home abuse, an experienced nursing home abuse attorney may be able to assist you. At McIver Brown law firm, our award-winning Florida nursing home abuse lawyers are happy to provide you with a free consultation. Give us a call for assistance.
Florida Nurse Charged with Nursing Home Abuse
May 2, 2011
A nurse at Emerald Coast Center nursing home in Fort Walton Beach, Florida was recently charged with the abuse of an elderly disabled man.
The nursing home abuse involved the nurse grabbing the elderly man’s mattress and pulling it causing the man to fall over the side railing of the bed and on to the floor, causing bruising on his side. The accused abuser, who reportedly did not offer the man help after the fall, pulled the mattress after she could not get the man to wake up.
A worker at Emerald Coast Center reported the abuse to the police and another employee at the nursing home also reported seeing the nurse flip the man from his bed during a separate incident.
The accused woman denies the abuse.
If your loved one has been through any type of nursing home abuse or neglect you should contact the police immediately and get in touch with a nursing home abuse lawyer to discuss what legal action you can take.
Florida Man Accused of Nursing Home Abuse Against Stroke Victim
April 25, 2013
An elderly Clearwater, Florida man was arrested this morning for sexual nursing home abuse after allegedly sexually assaulting a nursing home resident who is recovering from a severe stroke.
According to the police report, Vincent Paoella, 70, was arrested and booked into the Pinellas County Jail this morning after being accused of sexual assault, that reportedly happened last October.
Paoella is a resident of the East Bay Rehabilitation Center, along with the elderly female victim, whose name has not been released. A certified nursing assistant (CNA) who was on duty on Oct. 24, 2012, saw Paoella go into the victim’s at around 6 p.m. The CNA immediately notified two other staff members and both went into the victim’s room to see what was going on. They found Paoella sexually molesting the victim. According to documents, Paoella appeared stunned when confronted, and ran into a dresser in an attempt to get away.
The victim has suffered several strokes and cannot communicate. According to police, this makes her unable to give consent to any sort of sexual activity.
During investigations following the incident, Paoella admitted that he didn’t understand why he did what he did, but he knows that it was wrong. He remains in jail on a $50,000 bond.
Keep in mind that if you or a loved one have been victim to nursing home abuse, an experienced nursing home abuse lawyer may be able to assist you. At McIver Brown law firm, our leading nursing home abuse lawyers in Tampa have helped numerous clients seek the justice and compensation that they deserve. Give us a call today for a free consultation.
Florida Jury Awards $1.2 Billion in Nursing Home Abuse Case
July 23, 2013
A Polk County, Florida jury awarded the family of a victim of nursing home abuse one of the largest award amounts in history this week after determining a local facility was guilty of nursing home abuse and neglect.
According to court documents, the lawsuit was filed in 2009 by the family of the deceased victim, 69-year-old Arlene Townsend. Townsend was a resident of the Auburndale Oaks Healthcare Center, in Auburndale, from 2004 until she died in 2007. During this time, the elderly resident fell numerous times when staff members failed to provide the proper supervision.
Both Townsend Healthcare Management and Townsend Healthcare Inc. were defendants, as these companies were responsible for the nursing home during the time Townsend resided at Auburndale. The jury found enough evidence against the nursing home to awards the plaintiffs $1 billion in punitive damages and an additional $220 million in damages.
This isn’t the first time Townsend Healthcare Management and Townsend Healthcare Inc. have been sued. In 2010, the companies lost another nursing home abuse case in which the plaintiffs were awarded $114 million.
If you or a loved one have been victim to nursing home abuse, it’s imperative to retain the services of an experienced nursing home abuse attorney who can assist you in winning the justice you’re entitled to. Our award-winning team of Florida nursing home abuse lawyers at McIver Brown law firm have helped an array of victims go on to win the financial compensation they deserve. Contact us today for a free consultation.
State Orders Florida Nursing Home to Permanently Close
June 21, 2013
Health regulators in Florida forced the permanent shutdown of a Miami nursing home after receiving a serious report of nursing home abuse and neglect.
According to reports, the San Martin De Porras nursing home located off of 15th Street in Miami, reportedly tied a resident to a wheelchair, forcing her to remain seated on a pressure sore for hours. The resident also suffers from dementia, diabetes, psychosis, and severe physical pain. Investigators determined that the resident was strapped down with belts around her legs and abdomen.
Records indicate that a victim with so many medical and cognitive problems should have never been in the San Martin De Porras facility to begin with. Someone with severe mental and physical problems needs the kind of care that San Martin was not equipped to provide.
The incident was reported back in 2012, but this month, a registered nurse who used to work at the facility testified that the victim was not receiving any medication for diabetes and seizures. In addition, her medical records were shredded.
The manager of the facility, Marcario Hualalai, admitted to his mistakes, but also stated that he had never had problems with any kind of complaints before in 12 years.
The facility has now been permanently closed and charged with a $20,000 fine.
If you or a loved one has been victim to nursing home abuse, keep in mind that an experienced nursing home abuse lawyer can assist you. Our award-winning team of leading Florida nursing home abuse attorneys at McIver Brown law firm are happy to provide you with a free consultation. Give us a call today for more information.
Parents of Disabled Kids in Florida Stand up Against Nursing Home Abuse & Neglect
July 8, 2013
With an increase of deaths and injuries occurring in Florida nursing homes, parents of the disabled children sent to these homes took a stand against the nursing home abuse and neglect in an open discussion that sparked concern and rage on Monday evening.
Last year, a disabled child who was sent to the Westchester Nursing Home in Florida received inadequate care after the State reduced the number of hours required for his medical care. Earlier last year, another disabled girl died while in the care of the Florida Club Care nursing home in Miami. As the incidents continue to rise, parents have stepped up to speak directly to Florida’s Agency for Health Care Administration, lawmakers, and community leaders.
Instead of sending disabled children to nursing homes to face neglect, abuse, and lack of socialization, parents are urging the state to consider a better way to take care of the children. Community members joined in as well. In the open discussion, parents and citizens took turns at the podium expressing their outrage of disabled children being shipped off to nursing homes in Florida. Irvin Rosenfeld, an employee of a local center that helps disabled children learn to sail, stated that nursing homes will only lead to further problems for disabled children:
“Nursing homes are not an answer for children.”
Another speaker, Larry Foreman, insinuated that the state of Florida was moving backwards to the days when children were pushed into rural institutions and forgotten about. He angrily expressed his views to lawmakers:
“I want you to leave here as alarmed and as angry as I am. You need to make a difference. We need your help. These children are crying for your assistance.”
Meanwhile, since last year, hundreds of families have already retained Florida nursing home attorneys and filed class-action lawsuits against the state for sending their disabled children to nursing homes where they have been neglected and abused.
Panel Meets to Discuss Florida Nursing Home Abuse Issues
November 11, 2011
After an investigative news report showed an alarming amount of nursing home abuse and neglect issues throughout Florida, Governor Rick Scott put together a diverse group of experts to discuss how to solve this disturbing problem.
The group–made up elder advocates, legislators, industry advocates, etc.–had its final meeting this week, and has put forth 17 pages of ideas on how to fix the crisis of nursing home and assisted living facility abuse in Florida.
Larry Polivka, the panel’s chairman, says the group has come up with a lot of ideas, but there are probably only a few suggestions that most of the group agree on. He stresses that the current rules and regulations in place aren’t the main problem–it’s the lack of enforcing those rules that has created the current problems in nursing homes.
Polivka says he’s pushing for a continuing task force, which he believes is necessary to come to a real solution to Florida nursing home problems and implement large-scale changes.
A nursing home abuse lawyer plays a crucial role in the battle to fix nursing home abuse issues throughout our country. If you believe a loved one has been a victim of nursing home abuse or neglect we encourage you to contact an attorney right away.
One Simple Way to Improve Florida Nursing Home Safety
Nursing home safety is a topic spanning decades and reaching far across state lines. Advocates and lawmakers continuously look for ways to improve safety and protect the rights and livelihood of our nation’s most vulnerable residents. One recent article published in McKnight’s Long Term Care News suggests that, in Florida, there is one way to improve nursing home safety that is actually quite simple.
One Simple Way to Improve Nursing Home Safety in Florida
According to the McKnight’s article, one simple way that nursing home safety can be improved in Florida (and elsewhere) is to improve access to backup power sources like generators. States that are often hit by storms – be it tropical or otherwise – should be well-equipped to manage the potential aftermath. Let’s not forget that it was almost one year ago to the week that Hurricane Irma slammed into the Southeastern United States claiming lives and costing billions of dollars in damage.
One of the most tragic elements of that storm was the lives lost in Florida nursing homes after power outages left residents without air conditioning, refrigeration, or proper facilities. At one nursing home alone, 12 residents died due to the unbearable heat and conditions. The facility did not have a generator onsite, or other means of backup power.
In January 2018, Florida Governor Rick Scott announced new rules requiring nursing homes across the state to have alternative backup power sources. Originally, the new rules would require generators, but now that rule has been changed, and facilities are required to have access to alternative power supplies. The rules include specific requirements for fuel supplies to be kept on hand, such as:
- Facilities with 16 beds or less must have at least a two-day fuel supply on hand.
- Facilities with 17 or more beds must have at least three days of fuel on hand.
- All facilities in areas where a state of emergency has been declared must acquire at least four days of fuel.
Since Hurricane Irma, there have been numerous bills put into legislation calling for more strict rules about backup power sources at nursing homes. For months, the nursing home industry balked at the requirements and the potential cost of implementing such requirements, but by early 2018, the industry had decided to work together with lawmakers to improve safety.
The Ongoing Process of Improving Nursing Home Safety
There are currently eight bills in Florida legislation that could require nursing homes to install generators and ensure that air conditioning, etc. can be operated from such backup power supplies. So far, lawmakers have not settled on a single bill, or made any rulings about which bills could be formally passed into state law.
As of early August 2018, it was reported that more than 1,000 Florida senior living operators in Florida still had not installed backup generators on their properties. One of the reasons most commonly cited for the delay or lack of installation is the fact that generators can be expensive to purchase and install. In the McKnight’s article, a valid point was made that such an expense hardly compares to the loss of life and resulting lawsuits and legal fees that result from incidents like Hurricane Irma.
Under the new rules, the expense of installing generators is the responsibility of the facility. There are options to help minimize any financial burden, however, and possible solutions that could be far-reaching. For example, in Florida, several of the bills proposed suggest a grant program be initiated to help facilities cover the cost of purchasing the generators and having them installed.
Another option includes using a program similar to what mobile phone service providers offer to consumers – essentially, a payment plan. If Florida Power & Light Co. offered to sell generators and installation services with a payment plan spread over months or even years, then facilities may be able to better manage the cost without sacrificing the safety of residents in the meantime. Other potential benefits of such an option may include:
- Facility operators showing a commitment to the new rules and nursing home safety.
- The company providing the service demonstrates a commitment to the community.
- Local politicians could send press releases or hold award ceremonies honoring the efforts toward safety and community.
- Politicians, companies, and operators would be coming together to protect thousands of nursing home residents.
Possibilities like this one show that there is hope for improving safety in nursing homes in a way that could support the entire community.
Power Outages and Nursing Home Safety
States like Florida that are prone to stormy seasons and natural disasters must take measures to protect residents. When natural disasters strike, there are a number of factors that can endanger the elderly and nursing home residents. Power outages specifically are dangerous to nursing home residents for a variety of reasons, such as:
- Dimly lit areas may increase the risk of falls.
- Elevators may not work, so residents may be restricted to a certain floor or be forced to use the stairs.
- Air conditioning or heating may not work properly, causing risk of overheating or hypothermia.
- Refrigeration and cooking equipment may not work properly, which can result in malnutrition, food poisoning, or dehydration.
- In an emergency, phones may not work, so facilities may not be able to get help if a resident is injured or ill.
- Healthcare personnel and nurses may not have access to medications, or may not be able to properly store medications.
Learn More about Nursing Home Safety
If you have questions or concerns about nursing home safety, browse our Nursing Home Abuse Center website, or contact Brown & Brothers directly by filling out our online form. Our nursing home abuse attorneys can help you understand your legal rights and how to ensure that your safety, or that of a loved one, is top priority.
One Out of Five Florida Nursing Homes on Watch for Nursing Home Abuse
January 3, 2013
A year-long study performed by the Miami Herald has yielded a watch list for one out of every five nursing homes in the state of Florida.
After the extensive investigation, it was determined that the Department of Elders Affairs and the Department of Children & Families Services in Florida have neglected to report many cases involving nursing home abuse, including injuries, burns, and even wrongful death. In addition, the Florida Agency for Healthcare Administration (FAHA) failed to provide many of the abuse reports on its official website, including over 1,000 incidents of neglect and abuse.
In one instance, Bruce Hall, the director of Sunshine Acres Loving Care, threatened the residents with physical abuse, and carried out his threats on several occasions, sending one resident to the hospital with severe injuries. However, instead of closing down the facilities as legally required, Hall was only ordered to seek anger management and complete therapy sessions. On another occasion, a Clearwater nursing home patient died after being left in scalding bath water. The FAHA alerted to these and many other similar instances, yet no action was taken.
Additionally, of the 70 deaths that were reported only resulted in two criminal charges. As a result, most Florida nursing homes are under tight scrutiny. Although no criminal charges were filed in the the majority of the cases, the state of Florida allows the victims’ families to retain a Florida nursing home abuse attorney in order to file civil charges for personal damages.
New Florida Task Force Aims to Stop Nursing Home Abuse
August 9, 2011
A recent report on widespread nursing home abuse and neglect across Florida has led to the creation of a new task force which aims to end abuse and neglect in Florida’s nursing homes and assisted living facilities.
“If you’re doing bad things because of negligence, willful incompetence or derelicts of duty, we’re coming after you and we’re not going to let that happen anymore,” said member of the watchdog group, State Senator Ronda Storms.
Storms cited the lack of oversight and terrible conditions at nursing homes across Florida as a reason for the task force taking action.
The task force will investigate cases of abuse and neglect in Florida and compile a report and make recommendations to the legislature.
Watchdog groups such as this new nursing home abuse task force are important in the fight against abuse and neglect in nursing homes. Also crucial in this fight is the role a nursing home abuse lawyer plays in helping to get justice for abuse victims and their family.
New Florida Law to Help Reduce Nursing Home Abuse Gets Approved
March 11, 2013
In an effort to better manage the carelessness of staff members in Florida nursing homes and to prevent nursing home abuse and neglect the Senate Health Committee Policy passed a new law this week, bill SB646.
The new law mandates that the Agency for Healthcare Administration (AHA) must inspect every nursing home in the state of Florida, give each facility a rating for consumers to view, and immediately revoke or deny licensing for nursing homes in which staff members have purposely physically or mentally harmed residents.
In addition, the new law will require that repeated nursing home violations be charged an increased fee amount. Furthermore, any nursing home caught violating state laws will be inspected more often than the nursing homes without violations.
The new law came about after an influx of similar bills was introduced into the House. For example, Senate Representative Mike Fasano proposed a bill that would revoke the licensing of any facility that is responsible for a resident’s death. Rep. Ken Roberson proposed that the Office of State Long-Term Care Ombudsman and the State Long-Term Care Ombudsman Advisory Council be reorganized. Rep. Eddy Gonzalez proposed a bill to suspend the licenses of facilities that are found to be repeat violators of state laws.
Although the new bill imposes heavy fees on those responsible for abuse and neglect, victims will still have the legal right to retain a Florida nursing home abuse attorney and file for personal damages as well.
Justice Department Sues Florida for Placing Disabled Children In Nursing Homes
July 22, 2013
The United States Department of Justice (DOJ) filed a lawsuit against the State of Florida this week after uncovering several disabled children placed unnecessarily in nursing homes, which is considered a form of nursing home abuse in Florida.
According to the lawsuit, officials visited six nursing homes in Florida. At least 200 disabled children were determined to be there when they could have easily gotten the same care at home. The investigation stems from several instances of past nursing home abuse and neglect against children who shouldn’t have been in a nursing home in the first place.
In 2012, 14-year-old Marie Freyre was sent to a Miami nursing home against the wishes of her mother, Doris Freyre, who had cared for the disabled child since birth. Shortly after Marie was admitted, she died. Records indicate that not only did Marie not get enough food to eat, but nurses failed to give her life-sustaining medication. This is only one of many issues that have been brought up against Florida nursing homes.
Last year, the DOJ notified the State of Florida that it was in violation of the Americans with Disabilities Act (ADA), and also determined that the state is making it far too difficult for children with disabilities to get the kind of medical services needed in order to stay at home. Yet, during recent visits, inspectors concluded that nothing has been done to rectify the problem.
Health official in Florida have yet to make a statement regarding the lawsuit.
Keep in mind that if you or a loved one have been victim to nursing home abuse, you’ll need an experienced nursing home attorney by your side to get the justice you’re entitled to. At McIver Brown law firm, our leading team of Florida nursing home abuse lawyers have helped numerous victims, and we’ll be happy to assist you as well. Contact us today for a free consultation.
Jury Awards Victim’s Family 1.8 Million for Nursing Home Abuse in Florida
November 27, 2012
Last week, a Palm Beach County, Florida, jury has awarded $1.8 million to the estate of a man who endured nursing home abuse and neglect that led to his death.
In 2008, 78-year-old George Dahmer, a former professional wrestler known as “Chief White Owl,” died at the Lake Worth Manor; a nursing home in Lake Worth, Florida. According to reports, Dahmer lost 32 pounds and the ability to communicate and walk while staying 63 days at the nursing home. He also suffered from extreme bedsores and multiple accidents, including one incident where he fell and lost his dentures. Additionally, the ulcers that formed on his heels and tailbone became extremely infected. The nursing home abuse attorneys representing Dhamer stated that the severe nursing home abuse and neglect that Dahmer suffered eventually resulted in his demise.
After the verdict was read, Lake Worth Manor, now known as Oasis Health and Rehabilitation Center, stated that they send their heartfelt condolences to the family. However, family member Patricia Dahmer called the treatment cruel to such a caring man, and said she was tired of never getting answers:
“They kept giving me the runaround. Everything we complained about fell on deaf ears.”
Florida Worker Accused of Nursing Home Abuse Against Alzheimer’s Victim
July 25, 2013
A former employee of a Largo, Florida nursing home facility was accused of nursing home abuse and subsequently arrested last week.
According to police reports, 54-year-old Linda Pullen Batrin, a former staff member of the Pinecrest Place nursing home, was appointed to care for a 93-year-old Alzheimer’s victim who resided at the facility. Reportedly, one of the nursing home supervisors witnessed Batrin abusing the resident on July 11. Per the arrest affidavit, Batrin was caught insulting the victim while grabbing her shirt and tipping her chin up. In addition, Batrin slapped the resident after releasing her shirt.
Batrin was questioned by the Largo police shortly after the nursing home supervisor called authorities. She readily admitted that she struck the victim, stating that she had an argument with her boyfriend earlier, which led to her anger and aggression that day.
As a result, Batrin was arrested and taken to the Pinellas County jail. She was released last Friday on a $5,000 bail. She now faces a felony charge of battery against an elderly person, 65 years of age and older.
If you or your loved one has been victim to nursing home abuse, keep in mind that you may be entitled to damages for pain, suffering, medical bills, and much more. An experienced Florida nursing home abuse attorney can assist you and help you understand your legal rights. Our dedicated team of award-winning nursing home abuse lawyers at McIver Brown law firm will be happy to provide you with a free, no-obligation consultation.
Florida Supreme Court Rejects Nursing Home Arbitration
In near perfect timing with the ruling by the Center for Medicaid and Medicare Services (CMS) preventing nursing homes from requiring arbitration to settle disputes, the Florida Supreme Court has rejected a nursing home arbitration plea.
The Miami-Dade County nursing home required residents to sign an arbitration clause mandating that disputes would be settled out of court via arbitration, but following a series of events, one resident’s family took the matter to court anyway – and prevailed.
Nursing Home Arbitration Case
The case in question originated in 2011 when a resident of Hampton Court Nursing Center developed an infection, which ultimately led to his left eye being removed. His son filed a lawsuit on his behalf, but was advised that his having signed a nursing home arbitration agreement precluded such a legal action. In 2013, the resident passed away, but his son continued to pursue justice by battling on with the nursing home.
The son made the argument that he had signed the contract, not his father, and therefore his father should not be bound to the arbitration agreement. The son stated that his father did not agree to the arbitration agreement, and continued to pursue the case. As the battle continued, the 3rd District Court of Appeals took the side of the nursing home and agreed that the case should be arbitrated. Eventually, the case landed before the Florida Supreme Court.
Florida Supreme Court Ruling Makes Headlines
In September 2016 – five years after the case began – Florida’s Supreme Court ruled that the nursing home could not enforce a nursing home arbitration agreement that the son had signed without his father’s agreement. In a 5-2 decision, the court stated, “If we will not enforce a contract when a party agrees under threat or duress, then we should not enforce a contract in the absence of the party’s agreement altogether.”
To make their decision, the Supreme Court considered factors like the father’s mental capacity to provide informed consent, as well as his ability to make medical decisions for himself. Further, at the time the agreement was signed his son did not have power of attorney, but rather referred to himself as his father’s “representative”.
Since Hampton Court Nursing Center did not elect to appoint a legal guardian or petition the court to adjudicate the resident as incapacitated, the Court declined to hold the case to common law contract standards.
Mandatory Arbitration Battle
Mandatory nursing home arbitration clauses have been a serious point of contention, and a focus of regulators and advocates for the elderly, for many years now. Mandatory arbitration in nursing home contracts effectively removes a resident’s right to file a lawsuit if a dispute arises, including serious disputes or allegations of abuse or neglect. Mandatory arbitration agreements may also prevent families from filing lawsuits on a resident’s behalf.
While arbitration can be useful and appropriate for some dispute cases, when it comes to nursing home abuse or neglect, arbitration is most often viewed as a means of aiding the nursing home, not the resident.
Mandatory arbitration agreements in nursing home contracts generally include guidelines for the arbitrator or company, which is most often chosen by the nursing home. This can lead to bias, with cases generally concluding in favor of the nursing home.
What’s more, arbitration shields nursing homes from the public eye, or the scrutiny of the legal system. This prevents prospective residents and their families from getting a full picture of the nursing home and any issues or disputes therein.
CMS Ruling and What it Means
With the new CMS ruling, nursing homes accepting funds from Medicaid and Medicare can no longer require mandatory arbitration clauses in their contracts.
This means that as of November 2016, individuals entering nursing homes will retain their right to file a lawsuit if they believe that they have been abused, neglected, or exploited. It will also restore the rights of family members to file lawsuits.
The CMS ruling, and the threat of lawsuits, is also a way of ensuring that nursing homes are held accountable for their actions. With mandatory arbitration nursing homes could rely on private dispute resolution. Now they will be held to the same standard as any other institution, and vulnerable to the consequences of violating resident rights.
Advocates for the elderly hope that the CMS ruling will inspire nursing homes across the country to improve their practices and boost staffing and training. Nursing home residents have the right to safe, quality care, and should never be restricted from pursuing justice if their rights have been violated.
Nursing Home Arbitration and Your Rights
If you or someone you love resides in a nursing home, or is considering doing so, it is important that you understand how nursing home arbitration could affect you. Once the CMS ruling goes into effect in November of 2016, there will be greater protections for the rights of nursing home residents and their families.
Unfortunately, current residents, or those entering into contracts before November, may not be protected under the new ruling. This is a serious concern in light of the fact that there are currently around 1.5 million nursing home residents around the country.
To learn more about your rights, the CMS ruling, nursing home abuse, or how to manage a dispute with a nursing home, you may find it helpful to speak with a skilled nursing home abuse attorney. A nursing home abuse attorney can help you review your situation, explore your legal rights, and determine what options you may have.
We manage nursing home abuse cases around the country, so please fill call us at 1-800-516-4783 for a free consultation.
Florida Nursing Home Worker Accused of Nursing Home Abuse
April 16, 2012
A nurse’s assistant at Ponce Care Center in Saint Augustine, FL has been arrested and charged with elder abuse after he allegedly held a pillow over a resident’s face.
The nursing home abuse was discovered by another worker at the nursing home who heard the victim yelling and clearly in trouble. The alleged victim is an 81-year-old woman with dementia.
The 53-year old man accused of the abuse was fired from the nursing home after his arrest.
This past October another worker at Ponce Care Center was arrested and is accused of battery on a person 65 years or older. The worker in that case is accused of twisting a resident’s arm to the point where the resident yelled out in pain.
Physical abuse is one of the many forms of abuse that unfortunately occur all the time throughout our country. A nursing home abuse lawyer fights for justice when abuse or neglect in a nursing home occurs. We encourage you to contact an attorney if you or a loved one was abused in a nursing home.
Florida Nursing Home Still Operating After Revoked License
July 15, 2013
A Florida nursing home that assists adults with developmental disabilities is still open after another state appeal, even though a history of nursing home abuse and neglect has been determined. As a result, loved ones of the abused victims are picketing.
According to reports, Roxanna Jeffries’ disabled son was one of the many residents who suffered through neglect and abuse at when he lived at the Hilldale facility in the Tampa area. Per Jeffries, she wants to make sure others aren’t treated the same way. This week, she stood with picketing signs outside the Statehouse.
“He was physically abused, mentally abused, emotionally abused; he was attacked on several cases. I went to the administrator, didn’t get anything. We couldn’t get him to respond,” Jeffries told the press.
According to Florida state records, Hilldale has a pattern of abuse stemming back for several years. Since 2005, instances of rape, assault, neglect, and severe abuse have been determined. In one innocent, a resident attempted to run away and was subsequently hit and killed by a car.
Healthcare regulators have attempted on two occasions to prevent the facility from remaining open, but so far the court is denying the requests. As a result, loved ones are picketing as a way to demand better staff training so that the abuse doesn’t continue.
If your loved one has been victim to nursing home abuse, keep in mind that an experienced nursing home abuse attorney can assist you. At McIver Brown law firm, our leading team of Florida nursing home abuse lawyers will make sure you have the best legal representation possible. Give us a call today for a free consultation.
Two Nursing Home Executives Arrested for Fraud
February 1, 2013
Two executives of a Florida nursing home management company were arrested this week for allegedly defrauding Medicaid of millions of dollars provided for nursing home residents; a different form of nursing home abuse which is often overlooked.
According to reports, 79-year-old Maxcine Darville, CEO of the non-profit company Council on Aging of Florida (CAG), and her daughter, assistant CEO Joanne Carter, 59, purportedly took over $2.7 million from Medicaid to use for their own personal expenses, such as cell phone, utility, and mortgage payments. Additionally, both Maxcine and her daughter paid themselves in excess on the company’s payroll, with over $1 deposited to them within a 6-year timespan.
The funds were intended for use at several nursing homes in the Florida area in which Council on Aging in Florida is associated with. The suspects wrote off that the money was being spent was for necessities for CAG, yet documents show that the money was spent on bills, mortgage payments, food, and luxuries. Darville’s son, Gary Watson, was also employed at CAG. Records show that this income was much higher than it should have been.
Both Darville and Carter have been charged with a first-degree felony count of organized scheme to defraud. If convicted, they each face the possibility of 30 years in prison along with heavy fines. Both suspects, however, are denying the allegations and claim they have done nothing wrong. According to the police, they are being fully cooperative.
If you or a loved one was a victim of any type of nursing home abuse we strongly encourage you to contact an experienced nursing home abuse attorney to explore your legal options.
Residents Seek New Homes after Nursing Home Abuse Charges Shut Down Facility
July 12, 2013
After a recent closing of a Lutz, Florida nursing home for several infractions of nursing home abuse and neglect, families and loved ones are in a hurry to find new homes for the residents.
According to reports, Lakeshore Villas nursing home has had a long history of allegations and charges, ranging from sexual assault, abuse, neglect, and more. As a result, Medicare and Medicaid funds were cut, followed by the permanent closing of the facility’s doors.
On July 5, the residents and their loved ones received a letter from the Florida Agency for Health Care Administration (AHCA) stating that they all need to find new homes as soon as possible. This, of course, has left many families in a panic as they try to find a new home for their elderly loved ones on such a short notice. According to Joe Bamford, whose grandmother was a resident at the nursing home, the small amount of time to find her a new home has been vexing:
“It’s a mad scramble … to find place for a loved one to live. We are very concerned, very concerned right now. We have nowhere to go,” Bamford told a local newspaper.
However, according to AHCA, the nursing home was given multiple warnings and had ample amounts of time to remedy the continuous infractions. The problems stems back several years. In 2011 alone, Lakeshore Villas had 14 serious deficiencies, many of which were causing physical harm to the residents.
If you or a loved one been victim to nursing home abuse, it’s important to remember that you have the legal right to seek damages. At McIver Brown law firm, our team of dedicated Florida nursing home abuse attorneys will be happy to assist you. Give us a call today for a free consultation.
Registered Sex Offender Accused of Nursing Home Abuse
April 1, 2013
A Florida sex offender was arrested recently after being accused of sexual nursing home abuse. According to police reports, he allegedly abused a quadriplegic patient.
68-year-old Bobby Lee Jones was arrested in March by the Pinellas County police after being accused of sexually abusing a patient at the Palm Harbor nursing home in Palm Harbor, Florida. Jones was also a resident at the facility.
Per the arrest report, in mid-March, Jones went to the victim’s bed, a man, where he was lying down, and began touching his thigh. He then proceeded to sexually abuse him against the victim’s protests. The victim, however, was unable to move, and Jones continued the abuse. Later, the incident was reported to nursing home administrators. The administrators called the authorities.
After investigations, Jones was arrested and admitted to the crimes. After further review, it was determined that Jones is a registered sex offender. In 2008, he was convicted with having sexual relations with a minor, and served six months in prison. Jones was supervised after his release, but the supervision ended last May. There have been no other accusations of abuse until now.
Palm Harbor nursing home is owned by Consulate Health Care. The company could face civil charges should the victim’s family retain a Florida nursing home abuse attorney and file for damages. At this time, neither the nursing home or Consulate Health Care has made a statement regarding the alleged nursing home abuse.
Meanwhile, Jones was arrested and held on a $20,00 bond at the Pinellas County Jail.
Nursing Home Allegedly Fails to Cooperate With Police Amid Sexual Abuse Allegations
July 28, 2014
Daytona Beach Police officials are investigating a possible rape case after a 75-year-old woman was diagnosed with a sexually transmitted disease (STD). The elderly lady, who also suffers from dementia and is terminally ill, was tested positive for an STD in July this year. Shockingly the nursing home that is embroiled in the allegations are refusing to cooperate with police, banning police from speaking to its employees.
Daytona Beach Health and Rehabilitation Center are under fire from the police department for failing to prevent abuse and neglect. They are being accused of putting other residents at risk by not allowing police to speak to the 69 employees and visitors that they named in a list that was finally handed over after two weeks of pressure from the victim’s daughter who filed a report.
The Agency for Healthcare Administration who are conducting the investigations has fined the nursing home four times already in the past according to their records. Each time they have failed to administer the appropriate care that residents needed.
Sexual elder abuse is an abhorrent and shocking form of abuse that takes place in nursing homes. Vulnerable, ill, elderly residents are most at risk to the sexual advances of staff members or nursing home visitors. Our site provides information and advice about what to do if you suspect that a sexual elder abuse case has affected your loved one. McIver Brown can also offer legal guidance and support for you and your family.