Articles Posted in nursing home abuse

Our Parkland nursing home abuse lawyers understand that an allegation of sexual assault on a 90-year-old nursing home resident in Michigan has been garnering headlines after numerous staffers were initially put on paid leave.

According to local news reports, there had been outrage because the alleged assault, reported by the daughter of the resident, was reportedly committed by a younger black male. In turn, the nursing home put all younger black males who had been in contact with the woman on paid leave, sparking outrage from those who claimed racial profiling.

However, the administrator who made the call is black, and said the decision had to be made in order to sort through the facts of the investigation, which has now expanded to a second local police department in the district of the facility where the woman lived prior to moving to her current residence.

Administrators have said there is no “indication” of abuse, only a “suspicion” of abuse. At this point, no arrests have been made.

As we’ve recently reported in our Parkland Nursing Home Abuse Blog, sexual assault upon residents at nursing home facilities is all too common, and far too many cases go unreported.

In all likelihood, if one allegation is substantiated, there were probably many more incidents about which we may not be aware. Part of the problem is that nursing home administrators fail to report these incidents to the proper local authorities.

That’s what allegedly happened in a recent case in Volusia County, in which a nursing home administrator later admitted he should have contacted local police when a resident reported she’d witnessed her roommate being raped by an aide. The facility has been placed on the federal watch list, but as of yet, no criminal charges have been filed.

Sometimes, even proper background checks (which aren’t always conducted anyway) aren’t enough to stave off the threat. In Nebraska, a 44-year-old former volunteer fireman and EMT who was working as a nursing home aide was arrested for sexual assault on a victim who was physically or mentally incapable of resisting.

But it’s not always staffers or even fellow residents.

Recently in Ohio, a 42-year-old man was arrested in the sexual assault of a disabled 21-year-old woman at a nursing facility there. Police were able to match DNA taken during a sexual assault exam to a man who had been there visiting an elderly relative. A former complaint investigator for the state’s Department of Aging was quoted by a local news reporter as saying that sexual assaults in nursing homes involving visitors and even family members “happen more often than you think.”

In any case, nursing homes have a responsibility to protect their residents. There should never be an opportunity for something like this because patients should be properly supervised at all times. When facilities fail to do this, they need to be held accountable.
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Miramar nursing home attorneys have just learned that a nursing home in northern Florida has had so many violations, it’s been placed on a national watch list that alerts residents and potential residents to problem facilities.

According to a local television station in Volusia County, the nursing home, which has several branches throughout the state, has come under fire for a number of violations, including failure to notify law enforcement authorities of an allegation of sexual abuse on a resident by a staff member.

A resident at the facility told employees that she witnessed an aide sexually assault her roommate back in January. However, according to the Department of Health and Human Services, staff at the nursing home failed to conduct their own internal investigation of the allegation, let alone notify police.

Advocates with Families for Better Care say that they’ve obtained information showing that the administrator was reticent to say that he should have called authorities, finally admitting in an interview with an inspector that he didn’t make the right call.

Nursing home residents have a right to expect that not only will they receive appropriate care, but that they will be protected and kept safe. Failure to report such an incident or even investigate it internally is not only detrimental to the one patient who was allegedly assaulted – it puts all residents at that facility at risk.

And yet, the facility remains open.

Having secured a spot on the government watch list – there are only six facilities in Florida that are on that list – the nursing home will no longer be allowed to accept new patients who are on Medicaid or Medicare until state inspectors give a stamp of approval. So they can still accept patients – just not those who receive government assistance in order to obtain care.

The Florida facilities on the list as of Sept. 20, 2012 that have not shown improvement are:
–Avante at Ormond Beach, Inc. in Ormond Beach;
–Summer Brook Health Care Center in Jacksonville;
–Lakeshore Villas Health Care Center in Tampa;
–Laurel Pointe Health and Rehabilitation in Fort Pierce;

Those Florida facilities on the list that have shown improvement are:
–Bayonet Point Health & Rehabilitation Center in Hudson;
–South Heritage Health & Rehabilitation Center in St. Petersburg;

Those Florida facilities that have recently been removed from the list (or “graduated”) are:
–Palm Terrace of St. Petersburg in St. Petersburg;
–Titusville Rehabilitation & Nursing Center in Titusville;

Despite being on this list, each of these nursing homes are still in operation. All of this shows us once again why it is so critical for family members to engage in due diligence before placing their loved one in a long-term care facility. It is never safe to assume that just because a facility is open that there are no problems.

A resident at this facility was quoted by a local reporter as saying that the staff and administrators do try to do a good job, but they are overworked. Particularly given that this is a chain facility, presumably one that is profitable (and most nursing homes are far more profitable than they may let on), there is absolutely no excuse for a failure of this magnitude.

Being on the watch list means that the facility will receive double the inspections of other nursing home facilities. However, this is no guarantee that other patients may not be harmed between now and the next 18 months, which will be the earliest opportunity for the facility to be removed from the watch list.

Older state reports provided by the Agency for Health Care Administration indicate that in 2007 and again in 2010, the facility was overcharging the government (i.e., taxpayers) for services provided through Medicaid. However, the AHCA had no record of the pending allegations or evidence of the fact that the facility has been placed on the federal watch list, which further shows how tough it can be for family members to make an informed decision about where to receive quality care.

Some of the proactive measures you can take in choosing a nursing home include:

1. Investigate potential facilities on the Nursing Home Compare website, which is operated by the government’s Medicare program. If you spot a facility with a 1-star or 2-star rating, don’t even consider it. Some of the most frequent complaints that result in low ratings include dehydration, malnutrition, pressure sores, abuse and even death.

2. Call the local ombudsman’s office and request additional information about the facility or facilities your are considering. You can learn more information about complaints and you may be able to get a better gauge of residents’ perspectives.

3. Tour the nursing home. Look past the lobby, which is often the area where nursing homes invest the most money to make it look inviting and homey. Don’t be fooled. Talk to residents and other family members out of earshot of the staff. Take note if the facility smells bad, if residents are left unattended for long stretches, if residents appear disheveled, if there are bugs or rodent droppings, if the furniture is excessively worn, if the staff are impolite or if there are few activities.
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A nursing home in New York found itself with the undesirable title of the nation’s worst nursing home, with inspections over the last three months turning up dozens of deficiencies.

Our Fellsmere nursing home abuse attorneys would note, however, that Florida has far more nursing homes than New York, and what’s more, the average nursing home inspection turns up about six or seven deficiencies.

In looking at some issues in the Fellsmere area, our lawyers decided to explore the government ratings of the nursing homes in the 32948-area code. Medicare.gov now provides a comprehensive list of nursing homes by area, as well as their overall ratings, health inspection results and recent grievances and complaints.

Of the 11 nursing home facilities that turned up in this area, seven received two or fewer stars out of five for overall rating. Three facilities receiving just one star.

Let’s look at an example of each. (We’ll leave out the names, but you can conduct your own search by visiting medicare.gov.)

One of those with a two-star, overall rating is certified as having 110 beds. At its most recent health inspection, it was cited for 19 health deficiencies. (The average number of health deficiencies in Florida is 6.8, while nationally, it’s 7.5.)

Inspectors determined that the health care providers at the facility failed to:

–Develop procedures that would prevent influenza and other communicable diseases;
–Limit the number of charges against the personal funds of residents for items paid for by Medicare or Medicaid;
–Keep resident’s medical and personal records confidential;
–Provide care in a way that keeps or builds residents’ dignity;
–Serve, cook and store food in a clean and safe way;
—Make sure that residents’ nutritional needs were met.
–Make sure that each patient’s drug regiments were accurate;
–Properly maintain drug records and make sure patients are safe from serious medication errors;
–Keep all essentially equipment in safe working condition;
–Give residents proper treatment for bedsores.

The list goes on.

Also within the last year, nine complaints were lodged and substantiated against this facility. Some of those included failure to properly manage residents’ money, failure to protect patients from serious medical errors and failure to have a back-up water supply essential for areas of the nursing home. None of those were found to inflicted substantial harm, but the risk was certainly there.

Now, let’s look at a one-star rated facility:

This facility is a 159-bed facility and reportedly logged 22 health deficiencies within the last year. Those include the failure to:

–Write and use policies that forbid mistreatment, abuse and neglect of residents and theft of residents’ property;
–Assist residents who need total help with grooming, hygiene and eating and drinking;
–Resolve resident complaints quickly;
–Safely store, cook and serve food in a clean and safe way;
–Safely provide drugs and make sure each patient’s drug plan is well-managed and monitored;
–Properly dispose of garbage and refuse;
–Ensure the home is free of accident and hazard risks;
–Keep the facility clean.

Additionally, there have been eight substantiated complaints in the last year, including failures to:

–Honor all of the residents’ rights, free of reprisal and coercion;
–Provide necessary care to maintain the highest well being of each resident;
–Give the right treatment and services to those who are having problems mentally adjusting;
–Keeping accurate and complete records.

And yet, both of these facilities remain operational – in YOUR community.

It’s up to family and loved ones to be vigilant about choosing a nursing home, and then also watching for telltale signs of potential abuse.
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South Bay nursing home abuse lawyers were appalled to learn about the torture endured by an elderly nursing home resident who died late last year.

News reports out of Pennsylvania indicate that the 80-year-old had resided in the nursing care facility for five years prior to his death, which occurred about two weeks after he was admitted to the hospital.

Investigators say his caregivers at the nursing home did not keep the man clean. He was bedridden, and they did not turn him as frequently as necessary.

As a result, he developed bed sores. These are also sometimes referred to as pressure sores or pressure ulcers. They are essentially injuries that develop on the skin as the result of long-time pressure on the skin.

Bed sores usually first develop on the bony areas of the body, like the ankles or hips or buttocks or heels. They develop fairly quickly and can be difficult to treat.

But this is why nursing homes are supposed to have procedures in place to prevent them. Bed sores may not sound that serious, but in fact they can be fatal. Some of the complications of bed stores include:

Sepsis, which occurs when bacteria enters the bloodstream through the exposed tissue. This is a fast-progressing and life-threatening condition that can ultimately result in organ failure.

Bone and joint infections, which develop from sores that are burrowed deep in the bones and joints. These damage the tissue and cartilage and may reduce the function of limbs and joints.

Cellulitis, which is the acute infection of the skin’s connective tissue. It’s characterized by swelling, redness and severe pain. It can lead to life-threatening complications, including meningitis and sepsis.

Cancer. This develops when you have chronic wounds that haven’t healed.

Patients of nursing homes are some of the most at-risk for bed sores because they are older, in frailer health, often less mobile and sometimes totally or at least partially reliant on others for prevention of these conditions. Also, they may not be able to effectively communicate when they are in pain. In other cases, they may not realize the sores are developing.

In this case, the owner of the nursing home testified before a grand jury recently, saying she could have “kicked herself” for not checking the patient for sores. When he was taken to the hospital, he was reportedly covered in crusted feces and soaked with urine. It appeared he had not been bathed in a handful of days. Additionally, he was suffering from a sepsis blood infection and was dehydrated. He also had bed sores on his toes and shins. His foot was gangrenous, meaning that had he survived, it would have had to have been amputated.

A doctor at the hospital described it as the worst case of bed sores he had ever seen.

South Bay nursing home abuse attorneys understand that the owner and two employees at the facility are facing charges of neglect, and the facility’s license has been revoked.
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State officials and nursing home administrators in Florida are under fire from the federal government, which claims that disabled youth – some just infants – are routinely shuffled into nursing homes designed to care for elderly patients.

The U.S. Justice Department contends this is a clear violation of these young peoples’ civil rights.

Our West Palm Beach nursing home attorneys understand that such actions are often taken despite the objection of family members and even though these options often end up being far more costly than in-home care.

How is this happening?

In a two-dozen-page, strongly-worded letter to the state attorney general’s office, the Justice Department’s Civil Rights division contends that it’s the result of millions of dollars in state cuts to programs that support the parents of disabled youngsters. Additionally, the state turned down $40 million in federal money that would have allowed some of these young children to stay in or return home and even repealed state laws that capped the number of children who could be housed in nursing homes with adults.

First of all, these policies run afoul of federal law. the Americans With Disabilities Act requires that people with medical conditions or disabilities should be treated and reside in community environments whenever feasible. It’s been well-documented that spending time in big, isolated institutions is not conducive to a healthy quality of life – and certainly not for those who are spending their critical, formative childhood years in these settings. The federal law, which was passed in 1990, has been used to shutter poor residential alternatives and move mentally disabled people either into group homes or back into their own homes.

But Florida, meanwhile, has turned to nursing homes to care for these children. These are facilities are not designed to handle the intensive care of younger people. The youth are often denied an education and are unable to spend time with their far-away families. Plus, they aren’t able to socialize with peers. Sometimes, they are simply plopped in front of a television for hours and hours on end.

It’s horrendous.

State regulators argue that they are in compliance with the law, and are providing all services that are medically necessary. The state further contends that this action arose out of a few contentious decisions that were made regarding individual children.

But the Department of Justice has countered that such individual decisions, given that they are applied without the appropriate consideration for the child’s welfare and without any apparent rationality, are indicative of a system-wide problem.

The federal department, in the course of its investigation, found that state policy is essentially designed to force families to send their children to institutions because the state refuses to help them cover the costs of care. This is despite the fact that it actually costs more to keep them institutionalized than to provide families resources to keep them at home.

Investigators visited mega-sized nursing homes collectively housing more than 200 kids in Fort Lauderdale, Orlando, Miami, Tampa and St. Petersburg. In one case, parents of a young girl said they both work, and state-funded medical care for the girl has been denied more than a dozen times, despite the fact that her condition hasn’t gotten any better. They are trying to avoid putting her in a nursing home, but say it’s a constant battle.

The bottom line is that Florida can do better than this.

When we house kids in institutions and nursing homes, we increase their chances of abuse and neglect.
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It’s rare even amid egregious allegations of abuse that a nursing home will close its doors.

Indian River County nursing home abuse lawyers know that’s not the way it should be, and we fight aggressively to hold these companies responsible.

Thankfully, in one Oregon case, it appears the state actually stepped in to take swift action while the criminal justice system prosecutes two former employees for their actions resulting in the death of an 83-year-old resident last year.

Civil action has not yet been filed, but is expected to follow.

According to the local newspaper, the couple running the home reportedly failed to provide nourishment, care and medical attention to the ailing woman. This was a smaller company, but it does not mean that it is allowed to reduce the standard of care given to patients and residents.

State authorities were quick to note that the decision to revoke the company’s license was not born out of the criminal actions, but rather of a pattern of repeated complaints and proven noncompliance with state law.

It’s a tragedy that such action couldn’t have been taken sooner, as the state oversight agency noted that it had validated seven complaints filed with Adult Protective Services between September 2011 and February 2012 – the time frame in which this elderly woman died as a result of neglect.

Those claims ranged from medication errors (incorrect dosage, failure to receive ordered medication, etc.) to outright neglect (failure to intervene when health conditions were obviously declining).

The state asserted that it had repeated contacts with the facility in an attempt to address these concerns, including:

A November inspection that revealed patients were at risk of harm due to non-compliance with state statutes. The state required that the facility restrict the number of patient admissions, require more training for its employees and on-staff registered nurse, increase staffing and increase the hours of its on-staff nurse.

State authorities revisited in February, and found that the agency had not complied with the order requiring additional nurse training or other license conditions.

In April, the state agency lodged a civil penalty and fine against the company, indicating that it failed to follow through with care plans and arranged doctor visits for patients.

The state returned in July to find the company still had not complied.

As a result, the state agency announced at the end of August that it would be revoking the company’s license. A process is underway to find alternative accommodations for the company’s 13 residents.

The company had only held a license since April of last year.

Meanwhile, two staffers were charged with first and second-degree manslaughter, criminally negligent homicide and two counts of criminal mistreatment. They were each being held on $5,000 bond. Further details of the alleged neglect were not immediately available.

Here in Florida, such closures are a rarity. That makes it critical for families to be proactive in prevention of abuse.

Florida Statute 400.022 spells out the rights of nursing home residents in Florida. Familiarize yourself with those rights. Call us if you have concerns.
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A recent case out of Virginia illustrates a vastly under-reported crime in nursing homes in Palm Beach and throughout the country: sexual assault.

Our Palm Beach County nursing home abuse attorneys understand that so far, two administrators have been criminally charged with failing to report a civil charge for reportedly trying to cover up the molestation of several residents by a nursing aide.

Nursing home residents are particularly vulnerable to sexual assaults for a number of reasons, including:

–They are often unable to articulate what has happened to them.

–They physically can’t fight back or are afraid to.

–They rely on staff at the home for their every need, and they fear repercussions if they reveal the truth.

–They fear they won’t be believed or that it will simply be covered up.

Such attacks have been carried out by staff members, as well as fellow patients. In both scenarios, the facility has a duty to protect those in its charge. If they find that an incident or attack has occurred, they have a legal obligation to report it to law enforcement officials. Too often, however, that doesn’t happen – and that’s what appeared to take place here.

According to a local news report, a 47-year-old nursing aide had sexually assaulted a number of female residents at the center.

One of those was a woman who had suffered a brain injury in the 1990s and was partially paralyzed. He reportedly attempted to force her to perform oral sex on him. A nurse therapist reportedly saw the aide leaving the victim’s room one day and that the patient was very upset. Administrators were told of the incident, but after a half-hour meeting with the victim, they determined no wrong had taken place.

An incident involving another patient did result in criminal charges, with the aid arrested for felony aggravated sexual battery, as well as misdemeanor sexual assault against a patient who accused him of fondling her.

At that same facility, an elderly resident was arrested just a few months earlier on charges that he sexually assaulted a 71-year-old female resident at the home.

These horrifying scenarios reportedly all occurred at a single facility – but they are by no means isolated. Statistics regarding sexual assaults in nursing homes are scarce – precisely because it is such an under-reported crime. We do know, however, that nearly 20 percent of the women raped every year are over the age of 60, and the vast majority of those – about 70 percent – are assaulted in a nursing home.

The effect of such an assault can’t be underscored enough – even if the patient also suffers dementia or some similar affliction. According to a study published in the Journal of Psychosocial Nursing, more than half of those nursing home sexual assault victims died within a year of the attack.

It’s often up to family members to spot the warning signs. Some red flags may be:

–A diagnosis of a sexually-transmitted disease;

–A display of shame or embarrassment when questioned about a mark or bruise;

–Strong feelings or fear relating to a particular staff member or fellow resident;

–Crying or depression;

–A caregiver who appears overly-attentive or intrusive;

–Genital trauma or sensitivity.
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Choosing a nursing home for a loved one can be incredibly difficult, particularly if you’ve heard all the horror stories of what can happen when there is a neglectful or unqualified staff, few oversight controls or just a general lack of caring.

Hallandale Beach nursing home abuse lawyers are hoping that the revamping efforts of a government website that will help family members make more informed decisions.

Reports on nursing home infractions and health violations were previously “available” through the Florida Agency for Health Care Administration, as they were technically public records – but good luck finding them.

The postings were rarely updated with any consistency, and they were tough to locate on the agency’s website anyway.

Now, Nursing Home Compare, located at www.medicare.gov/nhcompare/ , will post monthly updates regarding government inspection reports. The idea from the government’s perspective is to drive down costs. If nursing homes and hospitals know that these reports are going to be public, they will have a greater tendency to police themselves. Or so the thinking goes.

The bonus for potential nursing home residents is that caregivers will be able to view everything from the rates of antipsychotic drug dosing to whether staff is feeding patients a proper breakfast.

These are very good things, but Hallandale Beach nursing home abuse lawyers want you to continue to be wary. What’s included on those reports are only what inspectors actually found. Other instances of abuse or neglect may have been hidden or not reported.

But as an example of what you can find when you go to the website above and type in a 33009 ZIP code, the top result is a 120-patient bed with a one star rating for health, staffing and overall. It does have an above average rating for quality measure, but this is already not looking good.

From there, you can click on the “Inspections and Complaints” tab, which will allow you see that the last state inspection was conducted in November. You can view the full report to find that food wasn’t being stored properly, the home wasn’t resolving resident complaints in a timely fashion and patients were being over-medicated. But it didn’t stop there. The home had a fire safety deficiency that was way above average and that administrators failed to keep accurate records. You can also view that a complaint was filed against the home last September, indicating that at least eight patients were improperly medicated – with a number of patients not receiving any at all, despite their prescriptions.

For someone whose health is poor, such errors can mean the difference between life and death.

These are helpful improvements, particularly given that the previous star ratings provided by government officials didn’t provide any insight to the public as to why they had been rated that way. Now they do.

In addition to searching by ZIP code, you can also search by city or nursing home name. You can find records not just about facilities in Florida, but throughout the country.

You can also see what penalties, if any, have been lobbied against those agencies within the last several years. For example, the home we looked up last had a fine levied against it in 2009 for $9,100. We don’t know exactly what the fine was for, except that it was paid as a penalty for a violation.

We also know that this particular home has been deemed a “Special Focus Facility” due to findings from state and federal inspectors that indicate a recent history of persistent poor quality of care.

The site can serve as something of a “cheat sheet” for consumers, but it won’t entirely prevent nursing home abuse or neglect. Even having done all the research in the world, violations still occur.

When they do, call us.
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Gay and lesbian senior citizens may have lived for years out of the closet, having seen a host of incredible milestones in their lives: widespread marriage rights, activism for AIDS causes and a large number of celebrities who are “out.”

However, Broward nursing home abuse attorneys understand that for many who are now seeking long-term assisted care, they feel pressure to go back into the closet. Even those who were open about their lives with their friends and family fear abuse, neglect or discrimination by staffers or other residents if they are “outed.”

It’s a scary prospect as you become more and more reliant on others for your everyday needs. Find one person who disagrees with your views or lifestyle, and you risk worse than the occasional slur.

It’s an issue that was addressed in a recent article in the Sun-Sentinel, which covered the screening of a documentary on the very issue. The one hour film focuses on LGBT seniors who are now living in nursing homes. They open up to discuss how they feel there are no guarantees with regard to equal treatment in these homes – and sadly, they’re right.

We don’t know exactly how many LGBT seniors are currently living in Florida nursing homes right now, but we can estimate that it’s about 10 percent, which is the average of the overall population that is homosexual. Common estimates are that there are approximately 54,000 homosexual seniors living in Broward and Palm Beach counties today.

One of the subjects of the film, a woman whose partner of 22 years was suffering dementia, talks about how aides frequently made them feel uncomfortable. In one situation, a nurse offered to pray for the patient that she may be forgiven of her sin of being gay.

This in and of itself isn’t considered abusive or neglectful. However, given the track record of faltering physical care in these facilities, it certainly make one wonder whether prejudices can increase the potential for neglect and abuse.

A national survey done two years ago on the topic indicated that of about 770 gay seniors living in nursing homes, 43 percent reported some type of mistreatment by staff or fellow patients.

The most common complaint was abuse or harassment by other residents. This accounted for about 25 percent of all the problems faced by LGBT patients. This is not surprising, given that long-held attitudes and beliefs die hard. For many years, discrimination and harassment of gays and lesbians were the norm. Many people aren’t able to let go of those beliefs. The problem is, now they’re living side-by-side, and sometimes in the same room.

Additional problems included that about 20 percent of LGBT patients were abruptly discharged from their facility – a far higher rate than their straight counterparts.

A number also admitted verbal and physical harassment from staff, specifically pertaining to their sexual orientation.

What’s worse is that for many of them, the fact that they are gay has often served to isolate them from friends or family members. This is often a common thread in many abuse and neglect scenarios. With no one to closely watch after them, they are more vulnerable than their straight counterparts.

About 75 percent of LGBT respondents in another poll said they would likely hide their sexual orientation if they ended up in an institution.
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Our Stuart nursing home abuse lawyers never cease to be amazed at the level of cruelty that is sometimes inflicted on those in our society who are most vulnerable.

A recent case out of Brooklyn, NY just underscores the issue. A New York Times story shed light on two cases involving older disabled adults.

In the first, workers at a residential treatment center reportedly would not allow a man to move from a small mat they had placed on the floor. He was starved and if he disobeyed any of the cruel orders, he was reportedly beaten with sticks they had painted blue and dubbed “magic wands.”

Such was the claim of a civil lawsuit filed on his behalf.

In a second lawsuit, also in an adult care facility for those with disabilities, one resident was left in the care of a teen and almost choked to death on a corn cob. The lawsuit contends that employees failed to properly manage his food intake, and he shed almost 50 pounds.

Each of these cases were filed separately in Federal District Courts, with both seeking monetary damages. Family members for both men contend the abuse continued, even after making repeated complaints to supervisors about their treatment.

The newspaper last year conducted an investigation into the state agency that provides funding and oversight to disabled adults. What they found was that the agency often did not take complaints seriously or make any effort to stop the abuse. The tragic result was numerous severe injuries and even deaths.

The man who was beaten with the “magic wand” suffered from cerebral palsy. He died last year while in the center’s care of bacterial pneumonia. Family members say that he was torn down both physically and emotionally. Staff members called him a plague, and when he ventured off that small mat in the corner of his room, staffers reportedly stepped on his hands and stuffed things into his mouth.

The man in the second lawsuit suffers from autism, and he too was just in his early 20s when he began his stay at a facility in Brooklyn. His doctors had placed him on a strict diet that mandated he was not to be served hard foods. But when a manager left a corncob nearby, the teenager who was asked to watch him for a time didn’t stop him when he grabbed that corncob and swallowed it whole. He had to be rushed to a nearby hospital for treatment. After that, he was placed on a strict diet of only foods that were blended and soft. But staffers didn’t manage that diet appropriately, and he wasted away to less than 60 pounds.

Sadly, cases such as these are not unique to New York. While Florida cities like Stuart pale size-wise in comparison, the fact is that such occurrences may actually be more pervasive here because of our elderly demographics.

The most recent U.S. Census data indicates that the average percentage in the country for individuals over the age of 65 is about 13 percent. In Florida, it’s nearly 18 percent.

While these particular cases involved younger individuals, similar issues abound in care centers charged with caring for older residents. As an increasing number of Baby Boomers continue to age, problems such as these will continue to multiply.
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