Every year, thousands of nursing homes are the subject of lawsuits and litigation throughout the country. Rarely do those cases make national headlines. A private equity firm has been the target of a long-awaited trial that is being held in a Tampa bankruptcy court. According to Huffington Post, the case…
Florida Nursing Home Lawyer Blog
Boler v. Security Health Care – Arbitration Agreement Invalid
It is becoming standard in many nursing home abuse and negligence cases to find defendants pushing to have claims settled in arbitration. Often when nursing home patients are admitted, they and/or their relatives are bombarded with stacks of paperwork, which often include an “arbitration agreement,” binding parties who sign to…
Absher v. Momence Meadows Nursing Ctr. – Medicare Fraud and the Potential for Nursing Home Abuse
Two nurses who brought qui tam claims on behalf of the government allege their nursing home employer knowingly submitted thousands of false claims to the Medicare and Medicaid programs have had judgments in their favor reversed by the U.S. Court of Appeals for the Seventh Circuit. Although a jury awarded…
Nursing Home-Hospice Relationships Garner Increased Government Scrutiny
For years, the government has warned nursing homes and hospices about requesting or providing illegal compensation to influence where nursing homes refer patients for hospice care. Such action is in direct violation of both the federal False Claims Act and the Anti-Kickback Statute. Now, in a series of prosecutions, the…
Florida Nursing Home Neglect, Mismanagement Allegedly Led to Death
The personal representative of a Florida woman who died last year in a Lakeland nursing home alleges medical complications leading to her death were preventable, the result of systematic neglect and mismanagement of the facility. According to the lawsuit, the elderly woman suffered from a host of painful conditions she…
Videos Capture Horrific Abuse of 99-Year-Old Patient
While a civil lawsuit is one remedy for families who have been victimized by nursing home abuse, some cases are so egregious that abusers can be held criminally liable. According to a recent report of nursing home abuse, a 99-year-old man was abused by hired home health aides. Children of…
“Heat” Neglect in Florida Nursing Homes
During summer months, caretakers must be more wary of the potential dangers of high temperatures. Babies and young children as well as elderly adults are more vulnerable and should never be left unattended in a vehicle or out in the sun. Caretakers should also make sure air conditioning is functional…
Many Nursing Home Abuse and Neglect Cases Go Unreported
Extreme cases of abuse and neglect will often result in an investigation and legal action. Despite the number of complaints filed, thousands of instances of abuse and neglect go unreported every year. According to the U.S. Department of Health Human Services, nursing homes in South Florida and throughout the U.S.…
Carl v. Muskegon Cnty. – Vetting Nursing Home Staffers
In 2008, a man working as an in-home caregiver for an elderly couple in their early 80s suffered a psychotic break. Three months into his assignment, the 6-foot-6-inch, 220-pound aide went ballistic. He threw food all over the kitchen. There were smatterings all over the wall, the appliances, the counter…
State v. Hawkins – Improper Patient Lifting Leads to Criminal Charges
When nursing home administrators accept patients with mobility issues, there is an inherent understanding the facility will be equipped to handle lifting and moving these patients in accordance with delivering proper physical care. Unfortunately, our Fort Lauderdale nursing home negligence lawyers have come across far too many cases where facilities…