Florida Injury Lawyer Blog

For many families, the possibility of nursing home abuse and negligence is one of the worst nightmares possible. Families place their loved ones in nursing homes so that elderly loved ones get the care they need in their older age. When staff are guilty of abuse and negligence, fatalities, personal injury and emotional upheaval are all too often the results. In order to address possible abuse and negligence in a nursing home, it is important to identify what type of negligence or abuse may be taking place:

1) Physical abuse. Physical abuse is one of the most common forms of abuse in a nursing home setting, and it can involve anything from beatings and physical assault to food and water deprivation, sexual assault, abuse of physical restraints, and other forms of abuse. This type of abuse often leaves physical marks, such as dehydration, weight loss, burn injuries, bed sores, bruises, broken bones, black eyes, behavioral changes, and other clues. Both nursing home staff and other patients can be perpetrators of this type of abuse.

2) Psychological abuse, or emotional abuse. This type of abuse can include verbal abuse, isolation, threats, humiliation, and other behaviors that are intended to create emotional pain. This form of abuse leaves fewer clues but patients who have been victimized by this form of abuse may show symptoms of confusion, anger, withdrawal, depression, and other emotional upheavals. Both nursing home staff and other patients can be perpetrators of this type of abuse.

3) Financial abuse. This type of abuse can include theft, forgery, identity theft, or making financial decisions without patient consent. Signs of this can include sudden financial worries, sudden financial changes, depression, and loss of items. Both nursing home staff and other patients can be perpetrators of this type of abuse.

4) Sexual abuse. Sexual abuse can involve sexual touching, exposing a patient to others or having someone expose themselves to a patient, and rape. Signs of this form of abuse can include STDs, bruises, and emotional upset. Both nursing home staff and other patients can be perpetrators of this type of abuse.

5) Negligence. Negligence is generally perpetrated by nursing home staff and it can include any behaviors that can mean lowering the quality of life for a patient. Negligence can include lack of access to health care, lack of adequate facilities, lack of assistance when a patient needs it, inadequate heating and cooling, inadequate food and clothing, inappropriate shelter, lack of personal interaction, and other deprivations. Signs of negligence can include bed sores, unexplained weight loss, depression, and unexplained personal injuries.

If you see any of these signs of abuse or negligence, call a qualified attorney. An experienced Florida attorney can get you the answers you and your family deserve and can act to safeguard your elderly loved one.

According to experts, understaffing may be leading to instances of negligence and abuse in the nation’s nursing homes and elder care facilities. Most homes for seniors are for-profit organizations and families pay an average of $71,000 per year to offer their loved ones access to such a facility. However, according to the Department of Health and Human Services, approximately 90% of nursing homes across the country do not have adequate numbers of staff to provide good care. Experts say that understaffed facilities are more likely to offer substandard care and are more likely to have patients who are victims of negligence and abuse.

Understaffing, according to experts, can create conditions where mistakes can occur. Overworked nursing home employees may be too distracted to check medications or allergy information, for example, leading to potentially deadly mistakes. Not enough staff can mean less supervision during recreational times and washing, leading to slip and fall accidents and other problems. Too few staff can also result in too little personal interaction between patients and staff. In rare cases, overworked staff may feel resentful and overburdened, conditions that may pave the way for cases of abuse and negligence.

In addition to understaffing, the Department of Health and Human Services reports that most nursing homes have underpaid and overworked staff, which results in high worker turnover and even lower quality of care. At some nursing homes, the turnover rate is 100% yearly. High turnover rates mean lower quality care as staff are essentially always learning and are not given the opportunity to get to know patients and to become aware of any special care that patients need.

Legislators have been attempting to create legislation that would regulate nursing homes and provide better quality of care. So far, attempts at legislation have not been very successful. For nursing home residents and residents of other elder care facilities, friends and family are still the best source of protection and help. Experts say that frequent visits to a loved one in a home can help ensure better quality can and can ensure that any signs of abuse or negligence are dealt with promptly. Florida attorneys specializing in nursing home abuse and negligence can also be a powerful resource for Florida families concerned about elderly loved ones.

A Florida personal injury attorney with experience in nursing home abuse and negligence has the resources to conduct a thorough investigation. Since nursing homes are for-profit bodies, they will always take an attorney seriously. Nursing homes may dismiss family concerns or patient claims, but an attorney knowledgeable in state laws can ensure full cooperation of staff and changes that mean higher quality for patients. Attorneys can also help remove victims from dangerous or abusive situations and can ensure that positive changes are instituted in nursing homes. If a patient has already suffered a personal injury due to nursing home neglect or negligence, an attorney can help fight for fair compensation that can mean the best quality medical care for that victim.

Any Florida family with a loved one in an assisted care facility may want to sit up and listen to the news out of Canada. In the city of Edmonton, an elderly man has died in a nursing home after drinking industrial dishwashing liquid. The man, Floyd Taylor, suffered burn injuries after drinking the chemical and died as a result of the incident. Taylor lived in t the Kipnes Centre for Veterans and was seen by witnesses spitting liquid into a sink on Sept. 12. It is now believed that liquid was the industrial dishwashing liquid that eventually killed him.

Taylor had Alzheimer's disease. When staff discovered that he had burns, he was taken to a hospital, where it was discovered that he had sustained serious burns to his mouth, vocal cords and esophagus. Taylor died four days later in hospital. The Taylor family thinks that the man drank the fluid thinking it was juice and believe the incident was preventable. It is not known whether a wrongful death suit will result from the accident.
Alberta Health Services is investigating the death and trying to determine whether the dishwashing liquid was left out inappropriately or was left in a cupboard that was unlocked.

The incident reveals that even good car facilities may inadvertently engage in some less than safe practices leading to nursing home neglect. Families can prevent similar accidents by:

1) Asking care facilities about the storage of dangerous chemicals, including cleaning products, over the counter medicines and other hazardous products. These products should be carefully stored in locked closets or cupboards and should be returned to these locked areas immediately after uses.

2) Ensuring that staff are adequately trained in safety procedures in the care facility. Asking what training staff have relieved is not excessive – it’s a good way to ensure that adequate care is taken. Mistakes can easily happen when staff are not clearly instructed as to what to do.

3) Knowing how staff deal with medication. Patients and residents should be given the right dosage of their medications at the right time each day. They should not be given bottles of pills or allowed access to larger doses of medication than they can take at one time. Medication doses and names should be checked before each administering to ensure that the right patient is getting the right medication in the right dose.

4) Raising any concerns promptly. One of the best ways to prevent tragedies is with frequent visits to the assisted living facility. Take tours and visit all common areas as well as your loved one’s room. If you notice any dangerous conditions – water on the floor that could lead to a slip and fall accident or an open container or paint – report the problem and follow up to ensure that it has been resolved. If you notice that dangers are not dealt with, contact authorities in your area or an attorney to protect your loved one.

Nursing home abuse and negligence is a serious problem, and one way you can help prevent it is to select a nursing home for your elderly relative very carefully. Florida has a number of nursing home and care facilities, and you can select the right one by:

1) Looking locally. Look for a nursing home care facility that is close to friends and family. This ensures that the resident of the nursing home will receive visitors often. In turn, frequent visitors are the best way to help prevent nursing home abuse and negligence. Frequent visitors can ask questions about any evident bruising, depression, or other red flag signs. Plus, if a resident has frequent visitors, it is harder for abusive caregivers to hide evidence of slip and fall accidents, undernourishment, and other personal injuries.

2) Asking a lot of questions. Call nursing homes that are within driving distance and ask about staffing, licensing, resident activities, certification, bed availability, special care amenities, and cost.

3) Meeting with staff at nursing homes. Once you've found a few nursing homes that seem promising, make sure to arrange to meet with staff in the nursing homes themselves in order to take a tour of the facilities. Keep in mind that staff will do their best to present their facility in the best possible light, but you should still be able to see any red flag signs -- such as odors, depressed residents, and lack of professionalism on the part of staff.

4) Ask for recommendations. Speak to friends and family who have placed an elderly loved one in a care facility. Ask them about their experiences with various care homes and care facilities, and speak to people who have placed elderly loved ones in specific homes.

5) Following up. Even once you've placed an elderly loved one in a nursing home or care facility, that does not end your involvement. Continue to make regular, unannounced visits to make sure that everything is going smoothly. Encourage your elderly loved one to speak about their experiences, and keep checking back to make sure that everything seems to be going smoothly. If there are any red flag signs at all, remove the elderly loved one from the facility immediately and contact an attorney or the authorities to get help.

According to Quality of Care in Nursing Homes, a recent government report, the country’s nursing homes and assisted living communities are showing a frightening trend towards increased health and safety failures. Although a number of lawsuits against communities have raised awareness about the problem, the industry still seems to be failing some residents. According to experts, there are a number of reasons why this abuse and neglect is allowed to occur:

*Lack of background checks. Currently, over half of all states require nursing home staff to get some form of background check, but no national background check is required. A 2005 report from the Government Accountability Office criticized this procedure, as it allows potentially unqualified staff to slip through into employment.

*A combination of residents. Recently, this blog reported on a nursing home resident who was violently assaulted by a fellow resident. That story highlighted a common problem: various residents are often placed in one home. Some residents may have criminal records or violent pasts and may be placed with little supervision alongside residents who may not be able to resist. This can lead to assault and resultant personal injury.

*Lack of training and monitoring. Most staff are carefully trained, but some do not get the monitoring and special training they need to deal with specific situations. When this occurs, slip and falls accidents and other serious injuries can occur to residents.

*High patient to staff ratios. In cases where homes are crowded, there may not always be enough staff to properly devote enough time to each resident. In cases where workers have case loads that are too large, negligence can occur. Improper management of care facilities is a related cause of some cases of negligence and abuse.

*Lack of family involvement. According to some experts, this is one of the biggest factors leading to abuse and negligence. In many cases, it is family and friends who are able to spot warning signs and either prevent abuse or stop it. Many experts advise friends and family to visit care facilities regularly and ask questions about care received.

If you have a friend or loved one who may be suffering from nursing home abuse or neglect, contact the authorities. Also consider contacting a qualified Florida attorney. A qualified Florida lawyer can represent your loved one and can ensure that they get all the assistance and help due to them under the law.

Many cases of nursing home abuse and neglect continue on simply because friends and loved ones overlook warning signs that indicate that something is wrong. It is important to never overlook these signs, as abuse and neglect can lead to serious personal injury and even to premature death. The red flags of neglect and abuse in nursing homes are :

*Weight Loss. Staff of a nursing home should offer nutritious food and water that helps keep weight steady. For the elderly, sudden weight loss can lead to weakness and an inability to fight off illnesses. Although some medications and conditions can cause weight loss, it is important that staff make every effort to keep weight steady.

*Bruises. Any mark or bruise should be brought to the attention of staff and a full explanation should be offered. An analysis of why the bruise occurred is important. In the elderly, bruising can take a long time to heal. Bruises and marks can also be a sign of inadequate monitoring, of abuse, or of unreported slip and fall accidents.

*Falls. Slip and fall accidents are not a normal part of growing old. In a nursing home, care should be taken that residents are not prone to these sorts of accidents. For the elderly, slip and fall accidents can cause brain injuries, serious hip injuries, spinal cord injuries, and in some cases, can even prove fatal.

*Bedsores. Like falls, bedsores are a clear sign of negligence. Bedsores are red marks on the skin caused by poor nutrition and by prolonged time spent in bed. They are a sign that patients are left unattended for long periods of time. In severe cases, untreated bedsores may become infected or may eat through skin and muscle all the way to the bone. They are painful and completely preventable.

*Restraints. Some nursing homes use restraints to physically not allow an elderly resident full mobility. Homes may use physical restraints or may simply tuck blankets or sheets so tightly around patients that movement is hampered. Heavy sedatives are also sometimes used to keep residents quiet and not as mobile. Restraints show in attention and can be a form of abuse. They can have serious side effects, as well. Physical restraints can cause physical injury and can prevent a resident from indicating when they need help.

*Inattention. When staff are not able to give full attention to each resident – because of overwork or understaffing, in most cases – mistakes can occur. Patients may not be given the right care, mistakes in medication may be made, and patients may not be given the exercise and help they need. Inattention can be fatal, since inattentive staff can overlook signs of serious injury or illness. Inattention can also reduce the quality of life for residents, since residents do not get the attention and care they deserve.

If you notice any of these symptoms, bring it to the attention of the staff of the facility where your loved one is. If you feel that your loved one is being neglected or abused, do not hesitate to act. The sooner you can help, the sooner the abuse will stop. One solution is to contact a qualified Florida attorney. An experienced Florida lawyer will have the expertise needed to stop the abuse.

40 years ago this week, the American Health Care Association (AHCA) instituted National Nursing Home Week. Meant as a time of education and awareness, the week aims to help people think about care options for the elderly. This week has been National Nursing Home Week, and the AHCA hopes that people will continue to discuss and think about nursing facility life not only this week, but in the weeks to come.

The AHCA suggests that this week is a perfect time to visit loved ones in facilities, as many facilities around the country will be hosting special events. According to the AHCA, the week aims to honor not only those who live in care homes, but also the caregivers, nurses, and staff that enrich nursing home life.

Florida attorneys think that National Nursing Home Week is a great idea. There certainly should be a celebration of the dedicated staff and nurses who work at care facilities. However, Florida lawyers who see cases of personal injury, slip and fall accidents, and instances of nursing home abuse and negligence, know that this week can be an important week of prevention, as well.

Although most staff who work at care facilities are caring, instances of abuse and neglect can occur, and some staff at care facilities are not adequately trained or hired. Family members who regularly visit friends and loved ones in care – as the AHCA suggests – can often see signs of abuse and work to stop it.

Signs of neglect and abuse can include physical evidence (bruises, marks, injuries, unkempt appearance), emotional evidence (a loved one seems withdrawn, unhappy, frightened), or financial (a loved one seems to be spending inordinate amounts of money on care without clear evidence of where that money is going).

Loved ones who see signs of abuse should contact the authorities immediately. They may also want to contact Florida attorneys. Florida lawyers can help take an elderly loved one out of a bas environment and can gather evidence. Most importantly of all, qualified attorneys can offer an abused or neglected elder all the protection the law affords.

We recently reported on nursing home abuse and negligence. It’s a difficult subject. Many families have a hard time making the decision to put an elderly family member into a nursing home or other care facility when caring for that family member is difficult. While nursing homes can provide an excellent level of care and comfort, many families worry that their loved ones could become victims of abuse and negligence. The best way to prevent this, according to the Centers for Medicare & Medicaid Services, is to consider every potential nursing home with a checklist. Families should look for nursing homes and facilities that are:

*Medicare-certified.
*Able to offer needed special services in a separate unit. This ensures that patients with special needs are offered the additional help they need.
*Close enough for visits. Frequent visits from friends and family are important to nursing home residents, and family and friends are also the first ones to notice and raise alarm when abuse or negligence seems to be an issue.
*Clean. The nursing home should appear well-maintained and should be free from unpleasant odors. Residents themselves should also be well groomed, clean, and appropriately dressed for the temperature and the time of day.
*Kept at a comfortable temperature.
*Able to provide good lighting – this is crucial in preventing slip and fall accidents.
*Able to restrict smoking to specific areas and are able to keep noise to comfortable levels.
*Pleasant and safe. There should be accessibility features such as ramps and bars on the sides of bathroom tubs. Furniture should be sturdy and not easily moveable, but should be attractive and pleasant to use.
*Hiring the right staff and training them well. Staff should have name tags and should be respectful, polite, and kind to residents and their families. Training and continuous training programs should be available (and mandatory) for staff members. Background checks should be run on all staff before they are hired.
*Sensitive to patient needs. Staff should knock before entering residents’ private rooms and plenty of privacy should be offered for bathroom use. Residents should always be referred to by name.
*Able to offer a full-time Registered Nurse (RN) in the home at all times. A good facility should also be able to offer the same Certified Nursing Assistants (CNAs) to work with the same residents 4 to 5 days per week. These CNAs should have reasonable work loads and should be able to get to know each resident well.
*Able to offer a full-time social worker and a licensed doctor on staff. Both these professionals should be reached at all times and ideally should be in the home daily.
*Well-established. A good nursing home should have a management team that has worked together for at least one year and should have an established record of treating residents well.
*Comfortable for each resident. Each resident should have a room with store space, personal belongings, furniture, water pitchers, a personal telephone and television. If roommates are necessary, each resident should be able to select their own roommate.
*Clear on policies. Polices about personal possessions, shared rooms, privacy, and resident rights should be posted and made clear to each resident and family.
*Safe. Exits should be clearly marked. A nursing home must have smoke detectors and sprinklers. There should be an emergency evacuation plan and regular fire drills. Preventative care – such as flu shots – should be available to all residents. Residents should continue to have access to their regular doctors as well as access to nursing home staff health professionals. A nearby hospital should be available for emergencies. Care plan meetings with family should be held regularly. A nursing home must have met all Federal or State requirements on its last state inspection.
*Able to offer healthy food items and snacks that are nutritious and varied. Residents should have a choice of items for each meal and assistance with eating, if it is required.
*Active. Residents should have a number of activities to choose from. There should be an outdoor area and indoor recreational areas, as well as an active volunteer program and staff who can help residents take part in the activities of their choice.

Sandra Banning’s mother Virginia Thurston was placed in a nursing home after Thurston’s dementia become difficult for her family to cope with. However, inside Jacksonville’s Southwood Nursing Center, Inc, in 2002, Thurston was raped by a fellow nursing home resident, Ivey Edwards, a man with a history of sex crimes.

Banning sued Southwood and was just recently awarded $750,000 in damages. However, Thurston had passed on before she saw justice done. She passed on in 2003. Edwards now lives in a Florida mental institution. He is currently 87 years of age and was deemed unfit to stand trial for the 2002 rape.

The case has raised a number of questions, specifically the steps taken to reduce Florida nursing home abuse. Banning and her lawyers maintain that the abuse that Thurston suffered was entirely preventable, because Edwards showed a number of signs that he posed a danger to other residents of the nursing home. Despite this, no action was taken by the nursing home to prevent the abuse that Thurston suffered.

While at the Southwood home, Edwards threatened his roommate, stabbed a social worker, and hit a staff member. In the 1960s, Edwards stood trial for sexually molesting children and spent a year in jail for the crimes. Edwards also had a history of 59 arrests since 1945. All these indicators, Thurston’s family asserts, should have told staff that Edwards was a threat to residents. Even staff at Southwood were afraid of him, testimony at the Southwood trial revealed.

Banning ahs stated that she will now petition Florida lawmakers to pass some of the same laws that Illinois has in place to prevent such nursing home abuse. Last year, Illinois passed a law that makes it mandatory for the Illinois Department of Law Enforcement to perform background checks on any person who is applying to enter a nursing home. The law also requires that nursing homes post signs telling nursing home residents when a sexual criminal is admitted among them. Although Illinois is currently the only state with such legislation, Banning believes that such a law could have prevented her mother’s abuse. She could have an uphill battle -- Florida Sen. Durrell Peadon introduced a bill last year that would have seen mandatory FBI background checks performed on nursing home residents. The bill was not passed.

Continue reading "Florida Nursing Home Abuse Case Settled – But a Little Late for the Victim’s Family" »

The National Center on Elder Abuse has reported that more than 2.5 million elderly persons are victims of maltreatment annually. This maltreatment can range from neglect to abuse. The National Center on Elder Abuse estimates that of all maltreatment, 15.7% is physical abuse, 0.04% is sexual abuse, 7.3% is emotional abuse, 58.5% is neglect, 12.3% is financial exploitation, 12.3% consists of other types of maltreatment, and 5.1% is and 0.06% is an unknown type of maltreatment. These statistics are a cause for concern, since the maltreatment that is most likely to be overlooked is also the most common form of abuse.

While physical abuse leaved physical evidence that loved ones may notice, many others kinds of maltreatment – including neglect and emotional abuse – leave few clues. While there may be few outward signs of abuse or neglect, though, The National Center on Elder Abuse reports that the effects of abuse and negligence can be far more harmful for the elderly. Elderly residents in facilities may feel more isolated than a younger generation with an active social life, and this can make it harder for the elderly to get emotional support and help for the abuse they have suffered. The elderly have bones that break more easily and take longer to heal, making any accidents or abuse very traumatic. Finally, the elderly are often on a limited budget and may not be able to easily save or recover financially from financial abuse.

According to The National Center on Elder Abuse, there are a number of factors that can make the elderly especially vulnerable to neglect and abuse:

*Dependence on caregivers.
*Problems with mobility can lead to lack of access to services and courts
*Fears of losing independence. Many people would rather not report a crime rather than be seen as frail and therefore subject to increased dependence.
*Lack of awareness about rights and supportive services.
*Distrust of help and support.
*Sense of helplessness. Unfortunately, some victims feel that there is nothing they can do and nowhere they can turn to for help.

One of the best ways to ensure that abuse and neglect do not occur is to choose facilities carefully and to observe care closely. Abused or neglected residents may seem withdrawn, may lose weight, and may not be washed regularly. Careful monitoring and a working relationship with the facility can help ensure good quality care.

Continue reading "Preventing Nursing Home Abuse & Negligence" »