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.
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.
Plaintiff’s Florida nursing home lawsuit alleges he suffered two broken feet as a result of a landscaping accident that occurred several months ago. Injuries were so severe from the accident that doctors opined he’d need about two months of physical therapy following his surgery in order to recover from his wounds. He also needed regular changes of his bandages – at least once every day. It was not the kind of around-the-clock, intensive care one would need at a hospital, but it was more than a home health aide might have been able to manage. So he went to a nursing home.
He chose a South Florida facilit he hoped would fit the bill. However, he left just two weeks later, fearing that to stay any longer would be a serious threat to his health.
As he later explained in his lawsuit against the nursing home, he had to “beg” staffers at the facility to change the dressings as doctors had recommended. Rather than change the dressings once daily, the staffers only changed them once a week.
This neglect was not only painful, it resulted in a serious infection in one of his feet. He was forced to undergo an additional surgery and take even more medications to treat his condition. He described the pain as “horrendous.” He and his wife posited he would have received better care at home. His wife returned immediately from caring for her sick, elderly parents out-of-state to take check him out of the facility at 3 a.m.
When he sought answers as to why his nursing home care was substandard, he told WPTV.com the facility refused to provide his records. This was initially why plaintiff sought counsel from an experienced nursing home negligence attorney.
The lawsuit alleges inadequate staffing – a common complaint in Florida nursing home lawsuits. Plaintiff alleges that between the hours of 9 p.m. to 5 a.m., not a single staffer could be spotted on the floor. Plaintiff also alleges failure to turn over medical records.
The nursing home has not yet responded to the allegations.
An analysis of federal health inspection data recently revealed even nursing home facilities that began receiving more stringent government oversight due to poor care ended up slipping into lax and potentially dangerous care standards. According to The New York Times, of the nearly 530 nursing homes that graduated from special focus status in 2014, more than half have been cited again for placing patients in serious jeopardy. This is not an isolated problem, as these facilities exist in 46 states.
Even facilities found to be problem spots are rarely denied federal payment for continual lapses in care.
If you have suffered a nursing home injury, it’s best to consult with an experienced injury attorney to weigh your legal options.
Call Freeman Injury Law — 1-800-561-7777 for a free appointment to discuss your rights. Now serving Orlando, West Palm Beach, Port St. Lucie and Fort Lauderdale.
Additional Resources:
Ross Bayer: Whitehall Nursing Home patient suing for neglect, failure to release medical records, Aug. 19, 2017, By Meghan McRoberts, WPTV.com
More Blog Entries:
Trump Pushes to Make it Harder for Residents to Sue Negligent Nursing Homes, Aug. 23, 2017, Florida Nursing Home Abuse Lawyer Blog