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In a case that sets a troubling precedent, the New Jersey Supreme Court ruled against a nursing home employee claiming retaliation after he filed complaints with state health care officials alleging improper patient care.

Fort Lauderdale nursing home abuse attorneys know that there are state and federal protections intended to shield whistleblowers who come forward to report the abuse of elderly and disabled residents, as well as statutes that encourage workers to report conditions that may lead to infection.

Florida Statute 448.102 bars employers from retaliating against a worker who discloses violations of law, rule or regulation or who provides testimony or an official inquiry. It also provides protection for workers who object to or refuse to participate in any activity, policy or practice of the employer that is in violation of law, rule or regulation.
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When the 87-year-old West Virginia woman was admitted to a nursing home in late 2009, she suffered from Alzheimer’s disease, Parkinson’s disease and other health issues. Nevertheless, she was able to recognize and communicate with family members, she could walk with the use of a walker and she was well-nourished and well-hydrated.

Less than 20 days into her stay, she became bedridden, dehydrated, malnourished and unresponsive. She fell numerous times and sustained head trauma. She developed painful sores in her mouth that required daily scraping of dead tissue and debris. After 19 days, she was transferred to another nursing home and then shortly thereafter to a hospital and then to hospice. She died 18 days after leaving the original nursing home.

Her cause of death? Severe dehydration, according to physicians quoted in the case of Manor Care Inc. v. Douglas.

Hollywood nursing home abuse lawyers are committed to holding accountable those facilities and staffers that allow such egregious neglect and negligence. No one should have to suffer the way this woman did.
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Mandatory nursing home arbitration agreements are more frequently becoming the norm within facilities across Florida and the nation. In seeking to shield the facility from liability to the greatest degree possible, administrators will require all new patients and/or their representative to sign an arbitration agreement as part of admission. In many cases, it’s not presented as a major legal decision, though it most assuredly is.

What troubles our Broward County nursing home abuse attorneys is that when people sign these agreements, they are effectively signing away their right to have complaints of abuse, neglect and negligence heard by a judge and/or jury. Instead, such complaints go through a private mediation process that tends to produce results skewed in favor of the facility.

Fortunately, there are a number of legal grounds upon which these arbitration agreements can be challenged. One of those is reasoning that the named arbitrator in the contract either isn’t available or doesn’t arbitrate those types of cases. Another possibility is that the person who signed the document did not have the authority to do so, either because he or she was not competent to make such a decision or because he or she had no legal right to sign for the patient. Finally, there is the potential unconscionability of the contract itself. This involves showing whether there was an inequity of bargaining power between the two sides or whether the stronger party imposed a form of the contract on the weaker that prevented him or her from choosing freely.
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It was touted as a measure to “make Florida more attractive” to those seeking to invest in the nursing home industry here in the Sunshine State.

Nevermind the fact that our elder population is soaring (with people over 60 comprising 23 percent of our 19 million population), prompting the need for advanced elder care to spike as well. With S.B. 670, investors mulling a good place to put their money can rest easy knowing if they put it in one of the state’s nursing home facilities, they will be shielded from liability. Of course, protected alongside them could be owners and others who have a role in the day-to-day operations of negligent facilities.

Broward County nursing home abuse lawyers know that in addition to narrowing the defendant list in Florida nursing home abuse cases, the measure also limits the ability of plaintiffs to seek punitive damages against nursing homes.

If you wonder who your elected lawmakers are working for, you can rest assured it’s not you.
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An elderly resident of a nursing home was bedridden, non-verbal, fed through a tube and suffered from advanced-stage dementia. He was also likely a victim of nursing home sexual abuse.

That’s the allegation made in a lawsuit filed on his behalf recent in Illinois, where prior to his death, doctors found a condom containing hardened material inside his digestive tract.

Nursing home abuse lawyers in Fort Lauderdale recognize that for every case like this where abuse is discovered, countless more go unreported.
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Florida, like all other states, has strict limitations on the window of time in which a person can file a lawsuit alleging negligence resulting in injury or wrongful death. However, Fort Lauderdale nursing home abuse lawyers are familiar with several circumstances under which that window can be lengthened, or “tolled.”

The limitations and exceptions depend on the kind of negligence alleged, as well as the circumstances surrounding the case.

In Alldredge v. Good Samaritan Home, Inc., the Indiana Supreme Court recently ruled the statute of limitations could be tolled when the true cause of a nursing home patient’s death had been concealed from her family until after the original limit for a wrongful death action had expired.

According to court records, the elderly patient resided at a nursing home in suburban Indiana. It was well-known to her loved ones that she had a medical condition that made her prone to falling, and she had sustained injuries in the past due to such incidents.
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Bedsores are a leading injury risk for neglected and unattended elderly patients. Bedsores, also known as pressure sores or pressure ulcers, are a significant problem in U.S. nursing homes. According to reports, more than 2.5 million Americans will develop ulcers ever year and of those patients, 60,000 patients die of pressure ulcer complications. Patients and their loved one should be aware of the risk of bedsores and know what to look out for to prevent painful and dangerous complications.

Nursing home facilities are responsible for ensuring health, safety and well-being of patients. In addition to meeting nutritional requirements, preventing accidents and falls, and providing medical care, nursing homes must properly attend to patients to ensure they are getting moved often enough to prevent bedsores.

Our Fort Lauderdale nursing home injury attorneys are experienced in representing individuals and families who have suffered because of nursing home care and neglect. We will investigate any case involving abuse, neglect or other injuries that occurred while under nursing home care. In addition to representing clients, our firm is abreast of health and legal issues that impact nursing home residents.
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For nursing home patients, proper nutrition is critical to health and well-being.

Unfortunately, neglect, failure to monitor patients, and general nutritional deficiencies can lead to serious health consequences and disease. According to a recent report, the elderly, especially those under nursing home care, can benefit from a soft food diet. As we age, our dietary requirements will change and should be closely monitored. In addition to eating a variety of foods, there are specific foods that should also be incorporated into an aging person’s diet to improve health and prevent disease.

Patients who are under nursing home care should be closely monitored to ensure that they are getting proper nutritional care. If you suspect that your loved one has not been eating properly or has suffered injury or disease because of nutritional deficiencies, you may be able to take legal action. Our Fort Lauderdale nursing home injury attorneys are dedicated to protecting the rights of victims and families. We will also take a strategic approach to hold nursing homes accountable in the event that an elderly person suffers an injury as a result of abuse or neglect.
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A Florida man’s widow received a $900 million judgment against a nursing home after neglect caused her late husband to suffer painful bed sores and, eventually, a below-the-knee amputation.

However, that verdict was reversed by Florida’s First District Court of Appeals, a decision recently upheld by the Florida Supreme Court without extensive comment.

Nursing home abuse attorneys in West Palm Beach understand the case has been remanded for another trial, and it’s unclear how the ruling may affect future cases. The reversal was predicated on the fact that the trial court did not hear at all from the defense, effectively denying the defendant due process.
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A hepatitis C outbreak at a nursing home last year left 44 residents infected with the potentially fatal illness. Now, a lawsuit has been filed by two of those patients, seeking class action status.

Filed in the U.S. District Court for the District of North DakotaGuttormson v. Manor Care of Minot ND, LLC, the complaint alleges negligence and consumer fraud.

Nursing home abuse lawyers in Broward note while the state department of health sought the exact source of the infection, it was only able to narrow it down to one of two: Either blood draw services conducted by a third-party health care provider or nail care services provided by the nursing home itself. Health care officials said they did not note any obvious breaches of care that would explain the transmission of the infection, but the cases are almost certainly connected.
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Contact Information
WEST PALM BEACH
5 Harvard Cir #110,
West Palm Beach, FL 33409
Phone: 561-999-9999
Fax: 561-689-4310
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8751 W Broward Blvd #106
Plantation, FL 33324
Phone: 954-999-9999
Toll Free: 800-561-7777
Fax: 954-979-1225
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Miami, FL 33156
Phone: 786-517-9774
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Fax: 954-979-1225
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Maitland, FL 32751
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Fax: 407-956-3820

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