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When it comes to the top examples of wrongful death cases in Florida nursing homes, sepsis – particularly when caused by bedsores (also known as pressure ulcers) is a primary example. In fact, as our nursing home wrongful death attorneys in Orlando understand it, a recent report by Kaiser Health News and The Chicago Tribune reveals that despite the fact nursing homes around the country repeatedly fail to prevent bedsores and other infections leading to deadly cases of sepsis, there is no official source that tracks sepsis cases that turn fatal.

Sepsis is an infection of the bloodstream that can develop within patients who are bedridden if they have pneumonia, urinary tract infections or other conditions – like bedsores.

It’s imperative that plaintiffs who suspect an elderly loved one’s sepsis was the result of negligence discuss these options with a nursing home negligence attorney because the wrongful death statute of limitations in Florida is just two years. That may be just enough time to conduct a thorough investigation and properly prepare a claim – particularly if the case is considered a form of medical negligence. That’s because wrongful death statute pertaining to medical malpractice cases is even more complex because of requirements to file proper notice, retain an expert witness with the same relevant education and experience as defendant and making certain all defendants are properly identified.  Continue reading →

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An increasing number of personal injury compensation claims against nursing homes involve not just the lack of proper treatment for patients, but also a snowballing trend of pushing elderly patients to receive therapy they don’t actually need. These additional treatments are not harmless, particularly considering patients are elderly, frail and often dying. 

A recent elder care report by Bloomberg, detailing research findings in The Journal of Post-Acute and Long-Term Care Medicine, reveals the percentage of nursing home residents who are receiving rehabilitation classified as “ultrahigh intensity” spiked roughly 65 percent from October 2012 to April 2016. The definition of “high intensity” according to Medicaid, is at least nine hours every week. A therapy that is “ultrahigh intensity” is one that is 12 or more hours weekly. In some instances, study authors reported, patients at nursing homes were receiving the highest intensity of rehabilitative therapy in the very last week of their lives.

The analysis involved data from nearly 650 nursing home facilities and nearly 56,000 long-stay residents who had died – with a specific focus on those who were receiving ultrahigh rehabilitative therapies, specifically physical, occupational and speech therapy – in the month prior to death. These treatments, study authors pointed out, would be those garnering the the fattest payouts to insurers. But it’s unlikely to do much of anything to help the patient.  Continue reading →

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In Florida, the wrongful death statute outlined in Chapter 768 of Florida Statutes allows civil lawsuits to be filed in court when another person’s negligent act or omission causes the death of another person. This can include care – or lack of care – provided in a nursing home environment. As nursing home neglect and wrongful death attorneys in Fort Lauderdale know, a fair number of these cases center not so much on what nursing home staff did as what they failed to do. This can be the case when individuals suffer the ill effects of poor sanitation and basic care guidelines on how to halt the spread of disease and infection. This includes those condition spread by pests or caused by them directly. 

That includes conditions like scabies. a highly-contagious skin condition (spread most often by skin-to-skin contact, but also with shared towels, bedding and clothing) and caused by a parasitic mite called Sarcoptes scabiei, or the human itch mite. The mite burrows into the top layer of one’s skin, where it then lives and feeds. Although it can technically affect anyone, it is, as noted by the epidemiology program at the Florida Department of Health, it is often reported in nursing homes and assisted living facilities. While scabies isn’t typically listed in common examples of wrongful death cases in nursing homes, that is not to say complications from the skin condition can’t be deadly. Continue reading →

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Spinal cord injuries, more than most other types, have the potential to cause significant, profound and devastating disabilities and limitations. Nursing homes that agree to care for patients with spinal cord injuries have responsibility to ensure their patients receive the appropriate level of care. The state and federal government often pays much more for these patients to receive a higher degree of care, and Fort Lauderdale spinal cord injury attorneys know nursing homes that don’t provide it can be deemed liable if it results in further injury, loss of life quality or an untimely death. 

It is possible some spinal cord injuries might actually be caused by negligent nursing home case, such as in a fall where aides or nurses failed to properly assist in toileting or getting in and out of bed.

However, it’s not among the more common injuries associated with nursing homes. More frequently, those with serious spinal cord injuries may be cared for – temporarily or permanently – in such a facility, but due to lack of mobility and independence and lack of sensation in certain areas of the body, they are more vulnerable to the same injury and illness risks all other nursing home patients face. This is especially true for those with quadriplegia, wherein all limbs are affected, as opposed to paraplegia, where only one’s legs are immobile. Those with a complete spinal cord injury (where there is a total severing of the cord) also are at higher risk than those with incomplete spinal cord injuries, as the latter may still retain some sensation and mobility.  Continue reading →

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New allegations of nursing home negligence, neglect and wrongful death in South Florida in the wake of Hurricane Irma last year are being alleged against a second facility. If you follow our South Florida nursing home injury lawyer blog or local news, you’re likely familiar with the incident in Broward County that claimed the lives of 12 people, suffering from heat-related illness after the storm knocked out power and caregivers failed to call for assistance. Now, another wrongful death lawsuit – this one in Palm Beach County – alleges virtually the exact same scenario at 114-bed facility just a few cities over. 

The owner and former executive director are also named as defendants in wrongful death  claim, which stems from the death of plaintiff’s 90-year-old mother. Plaintiff alleges that when he was able to reach the nursing home staff by telephone soon after the storm, he wasn’t informed that the site had lost power or that there was no working air conditioner at the facility. Within four days, plaintiff says, his mother was dead.

Although this case represents a less common example of a nursing home wrongful death lawsuit, nonetheless it is one that must be taken seriously by health care providers and officials in Florida, where powerful hurricanes are an annual reality. Continue reading →

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Elder sexual abuse – particularly that occurring in nursing homes – is often misunderstood, if it is acknowledged at all. Victims often suffer from medical conditions, such as Alzheimer’s dementia or physical impairment, that make them vulnerable and less able to speak out and report the truth.

Furthermore, while we are living in a time when women and sexual assault victims are increasingly emboldened to report their attacks or harassment, most of those living in nursing homes are not of the #metoo generation.

Our Orlando nursing home sexual abuse attorneys want to make certain victims and their families understand their rights as well as the nursing home’s responsibilities. Just because nursing home staff doesn’t know about sexual abuse of a patient doesn’t mean they didn’t have a responsibility to know about it. It is their duty to hire people whose backgrounds don’t raise significant concerns of sexual assault at nursing homes. It is their duty to properly supervise interactions patients have with staffers, other patients and visitors. They have a legal duty to protect their patients.  Continue reading →

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Our U.S. military veterans deserve our utmost gratitude and respect for the sacrifices they have made to keep our country safer. Much of their care falls under the umbrella of the U.S Department of Veterans Affairs, often referred to simply as, “the VA.” One would assume the care provided by the VA would be top-of-the-line. However, a recent report by USA Today reveals the nursing home care provided to veterans appears to be less-than-ideal.

In fact, some of the lowest-rated nursing homes in the country are apparently those that provide care to veterans. That includes one in Tampa, Florida. This and 10 others scattered nationally from Massachusetts to Arizona have earned the lowest possible one-star rating (on a scale of 1-to-5) from the VA on the basis of the overall quality they provide as well as the findings during surprise inspections.

Among the problems cited by USA Today:

  • Nurse’s aides trying by themselves to lift 90+-year-old patients and transfer them from wheelchairs to beds.
  • Patients struggling to feed themselves unsuccessfully with spoons, despite staffers sitting nearby.
  • Veterans lying naked in beds covered by stained sheets.

Continue reading →

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Quality of nursing home care – more than one’s actual diagnosis – is the predictor in whether a patient avoids hospitalizations and rehospitalizations. This is important to know because hospitalization means a patient is already the point of suffering emergency or serious health problems. It disrupts one’s care and with long-term nursing home patients, we often see a significant decline in health and functioning following discharge from a hospital. This is especially true for frail, older adults. 

Avoiding deterioration to that point is preferred, which means we need to know what’s landing nursing home residents in the hospital in the first place.

As long-time nursing home negligence attorneys in Boca Raton, we can tell you that of course not every nursing home patient who is hospitalized is there because of negligence, abuse or medical malpractice by the nursing home, staffers or medical contractors. Many nursing home patients are already quite sick to start. However, if you suspect your loved one may have received care that fell below the accepted standard and that this may have played a role in the decline of your loved one’s health, talking to a nursing home injury attorney can help either put your mind at ease or start the process of seeking accountability for wrongdoing. Continue reading →

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A Congressional committee is slated to hold a hearing to examine emerging patterns of nursing home abuse, neglect and general substandard care revealed recently by government regulators and media outlets.

According to McKnights Long-Term Care News, lawmakers want to determine whether the Centers or Medicare & Medicaid Services has fallen short in its responsibility to manage safety at nursing homes throughout the country.

The subcommittee chairman on Oversight and Investigations for the U.S. House of Representatives pointed out there have been numerous reports in recent months detailing “horrific” cases of nursing home abuse, neglect and other patient harm occurring in nursing homes in recent years. Specifically, he highlighted the Florida nursing home negligence case in Hollywood Hills wherein more than a dozen residents died following a hurricane last year after the nursing home failed to obtain swift assistance when the air conditioning system broke down and residents suffered numerous heat-related illnesses. There was an operational hospital directly across the street.

The sub-committee chair said these and other incidents have raised serious questions about whether CMS is adequately fulfilling its responsibility to make certain care standards are met, particularly for the most vulnerable elderly residents – particularly those with disabling conditions like Alzheimer’s disease. Continue reading →

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Federal data shows what our nursing home neglect attorneys in Orlando have long known: The majority of nursing homes have fewer care-taking staff and nurses than what they had reported to government regulators. It’s well-established that the fewer individuals on the care-taking staff, the higher the risk the elderly and vulnerable residents will suffer abuse or neglect.

We often have family members who suspect that staffing levels at their loved one’s nursing home were inadequate, but are often not provided with straight answers by the facility. In some cases, they may be flat-out deceived.

Where evidence of inadequate staffing levels exists, it can go a long way in proving negligence. It’s not difficult to understand that when a patient’s needs are significant (as most nursing home residents are), it’s going to take time to adequately meet those needs. When there aren’t enough staffers, day-to-day care can fall by the wayside. This can result in substantial injuries and illnesses, such as pressure ulcers, falls and major dental problems. Continue reading →

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