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Hurricane Irma brought to light dangers in our nursing home and assisted living facilities.  On Friday, September 15, 2017 a Miami law firm filed an emergency complaint asking a judge for an order to protect evidence in the case where the air conditioning system was out for several days. Eleven seniors died at The Rehabilitation Center at Hollywood Hills; others remain in the hospital. Hospital workers reported that the seniors “were left in sweltering heat.”

The Rehabilitation Center is not the only facility that was left without air conditioning. There are other facilities, including independent, skilled nursing and memory facilities across our state that were left in the same condition.

The Florida Health Care Association (FHCA), a trade group for skilled nursing facilities, reports that statewide there were 64 nursing homes which, as of September 15, still did not have full power. (80 of the nearly 700 nursing homes in Florida were evacuated according to FHCA.)

Losing electricity in a storm with the size and strength of Hurricane Irma can be common. However, facilities are required to have back-up systems and plans so their residents are safe. This does not seem to be the case in the tragedy in Hollywood Hills.

AARP reported that, “Older people can be more susceptible to heat because their bodies do not adjust to temperatures as well as young people. They don't sweat as much, are more likely to have medical conditions that change how the body responds to heat, and are more likely to take medication that affects body temperature. Most people who die from high body temperature, known as hyperthermia, are over 50, according to the National Institutes of Health.”

“If you or a loved one has been injured or died as the result of a facilities’ negligence before and after Hurricane Irma, you may have grounds for a personal injury lawsuit, and should contact Spivey Law Firm, Personal Injury Attorneys, P.A. Nursing homes and assisted living facilities in Florida have very specific responsibilities to safeguard residents,” said Fort Myers Nursing Home Abuse Lawyer, Randall Spivey.

According to our blog, What are the Guaranteed Rights for Nursing Home Residents?  posted February 15, 2017, Federal regulations (according to NursingHomeAlert.com) define nursing home abuse and neglect as: 

• Neglect: a failure, intentional or not, to provide a person with the care and services necessary to ensure freedom from harm or pain; a failure to react to a potentially dangerous situation resulting in resident harm or anxiety. 
• Abuse: an intentional infliction of injury, unreasonable confinement, intimidation, care/service deprivation or punishment that results in physical harm, pain or mental anguish. 

Under Florida Rule residents are entitled to, among other things, a “safe, clean, comfortable and homelike environment.” Florida laws protect nursing home and assisted living facility residents.

Fort Myers Accident Attorney,  Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one  (1%) percent of Florida attorneys.  He has handled over 2,000 personal injury and wrongful death cases throughout Florida.  For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll free at 1.888.477.4839,or by email to Randall@SpiveyLaw.com.  VisitSpiveyLaw.com for more information.  You can contact Spivey Law Firm, Personal Injury Attorneys, P.A.in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.