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According to a recent news article from NJ.com, the aids employed at nursing homes were placed under arrest for allegedly abusing patients. The charges are based on complaints at the various nursing homes at which they were employed. Authorities filed and announced these charges on World Elder Abuse Awareness Day, as these arrests were part of an ongoing effort to fight this alarming trend.

Authorities said that they are using these arrests, and the time of them, to put everyone on notice that they are prepared to do whatever they can to fight elder abuse in their state.  With respect to the actual charges, one defendant is accused of striking an 87-year-old woman who has dementia in the head and arm as staff and other patients looked on.  She was charged with criminal assault of an elderly or institutionalized person. Continue reading →

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When a loved one is injured in an accident and can no longer take care of himself or herself, or that person gets to an age where they need more medical care than the family can provide at home, a nursing home is probably the only option.  While this is often a tough decision, we hope that our loved one will be well cared for, as that is the point of going to a nursing home in the first place.

Unfortunately, that is not always the case, and some nursing home residents are the victims of negligent care, and in some cases, intentional abuse by staff, management, or other residents.  When this happens to someone you care for, you find out what rights the victim has and what legal recourse may be available. Continue reading →

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Many people come to Florida later in life to retire.  However, many of these retirees will eventually need to transition into a nursing home or other 24-hour care center, and we have many of these of these facilities here.

The problem is some of the facility owners see things a bit differently than us when it comes to their patients. Families see a facility that is designed to allow their loved one to live in peace and with a sense of well-deserved dignity, while also providing them access to much needed around-the-clock professional medical care.  Continue reading →

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A nursing home operating in the state of Florida owes a duty of care to all residents at the facility.  In a typical negligence case, that duty of care is a duty to act as a reasonable and prudent person to prevent foreseeable injury to foreseeable persons and property.  However, there are various other claims that can be filed in a negligence action.

Two of the common claims filed in nursing home negligence actions are failure to properly train staff and negligent hire or retention.  This is an allegation that the management of a nursing home is not acting in a reasonable and prudent manner with respect to staffing practices, and that results in a foreseeable accident to residents. Continue reading →

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When we send our loved ones to a nursing home facility, we hope they will be safe and well-cared for.  In some cases, that unfortunately doesn’t always happen, and patients suffer severe personal injury or even death as a result of nursing home negligence.

In some cases, however, we have nursing home staff that is trying to do the right thing, but this is not always the case.  Sometimes we have staff that is taking advantage of, abusing, or otherwise harassing nursing home residents. Continue reading →

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According to a recent article from Modern Healthcare, the U.S. Supreme Court has just ruled that nursing home party to a case could enforce its arbitration agreement on two families who had loved ones living in the nursing home facility.

This was a 7-1 decision. While there are now nine justices on the Supreme Court, Justice Gorsuch was not on the court when the case was initially heard and did not participate in the opinion.  The only justice who did not agree with the ruling was Justice Thomas.  Based upon previous decisions on the federal act in question, many legal scholars expected this to be the court’s holding in this matter. Continue reading →

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One of the major issues at many nursing homes around the country is when patients get what are known as catheter-associated urinary tract infections (CAUTIs).  These CAUTIs have fallen 54 percent, according to a recent study discussed in an article from Infection Control Today.

CAUTIs are a type of infection that occurs in the healthcare setting, and for that reason they fall under a category known as healthcare associated infections (HAIs).  The study is looking at how front line tools and education among healthcare professionals is about to take measures to make it less likely for patients in nursing homes to get these infections. Continue reading →

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As our population is steadily aging, the quality of long-term nursing home care must be a top priority for the health care industry and our elected leaders. Unfortunately, one area that seems to be lagging – and which will only exacerbate if not addressed – is the shortage of nursing home aides.

These are the individuals who interact most closely with residents on a daily basis, helping them with basic daily tasks and functions, such as eating, toileting, bathing and teeth brushing. Yet, the lack of individuals in this field has meant that many nursing home residents aren’t receiving the quality of care to which they are entitled.

A recent report by Kaiser Health News reports shortages of home health aides and nursing assistants is threatening care for people with serious disabilities and vulnerable, elderly adults. In some cases, facilities have denied admission to people because they did not have the proper essential staff in order to provide a minimum level of care for them. It’s been the experience of our Orlando nursing home neglect attorneys, however, that some facilities will continue to accept patients, despite not having the essential number of staffers. What’s more, in some cases, the failure to fill these positions has less to do sometimes with availability of workers and more to do with the fact that for-profit facilities are looking for avenues to cut corners.  Continue reading →

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A federal court affirmed a summary judgment in favor of a federally-run nursing home that was accused of negligence in the wrongful death of an elderly resident who fell while unsupervised. The reason plaintiff could not prevail, despite filing the case within the applicable state statute of limitations for wrongful death actions, was that it was the federal statute of limitations that actually applied.

As justices for the U.S. Court of Appeals for the First Circuit wrote: “To be sure, it is unfortunate when a potentially important claim is lost because a deadline is missed.” Nonetheless, the court wrote, it’s the necessary result when a claimant fails to properly assert the claim within the designated statute of limitations, without which claims would be filed long after the ability to recreate what happened would be feasible.

Although this is understandable, it is a nonetheless disappointing outcome, and one that underscores the importance of immediately seeking a consultation with an experienced nursing home injury lawyer at the first suspicion that negligence may have been the cause of a a nursing home injury or death. Continue reading →

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A nursing home operator’s greed in allegedly purchasing nursing homes with the sole intention to flip the property into condominiums led some residents to suffer a premature death. That’s according to a new lawsuit filed by the previous operator of the nursing home, which alleges it sold the nursing home to defendant after defendant reportedly promised to invest in the future of the nursing home and that nothing would change for residents. 

However, less than two months after the sale was finalized, according to plaintiff, the new administrator for the facility started to move patients out for a number of reasons, which reportedly changed depending on who asked. In some instances, administrators said Medicaid patients were being moved to make room for higher-paying patients. Other times, they indicated they had to make room for a new therapy center at the facility.

But by October of 2015, the same year the facility was purchased, the nursing home’s previous owners learned through media reports the company filed a permit to demolish the nursing home, and in its place build a brand new luxury condominium building in a matter of a few weeks. Plaintiff facility argues that by moving residents, some who had lived in the center for many years, they caused undue harm to the health of the patients – some of whom died prematurely. The facility is suing to nullify the sale of the facility, which plaintiff alleged was completed under false pretenses, and to collect damages for the harm that resulted from this misrepresentation.  Continue reading →

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