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Jury Finds Largest Florida Nursing Home Chain Negligent

September 19, 2018 | Category: Nursing Home Neglect/Abuse | Share

Jury Finds Largest Florida Nursing Home Chain Negligent - Spivey LawAccording to a Naples News article on May 31, 2018, Florida’s Agency for Health Care Administration (AHCA) repeatedly cited two Consulate Health Care (CHC) nursing homes of putting profits over patients. The newspaper article said some of the violations were so serious they could have shut the homes down. However, AHCA rarely issued more than small fines. In January 2018, this changed when AHCA threatened an unprecedented action to close 53 of the company’s nursing homes across the state, following a judge’s ruling. After an April settlement with Consulate Health Care, AHCA allowed all of the Consulate homes to remain open. The agency put only eight under stricter state review.

Records show that for more than four years the Golden Glades Consulate nursing home received poor scores averaging 1.6 on a 5-point scale over 18 quarters. There were 186 state and federal violations, which were the fourth-highest number cited among Florida’s 684 nursing homes during the period.

When looking at the human toll behind the numbers, the Naples News reported:

  • A man was told by CHC he would never walk again. This was not because he had a broken pelvis or a broken right leg; it was because his nursing home refused to provide the therapy he needed. Every time the 45-year-old asked for therapy, he was told his government benefits would not pay. According to investigators, this was a lie. 
  • A 75-year-old Vietnam veteran, with a history of wandering, was missing for more than 18 hours. He was found dead several hundred yards away, face down and fully clothed in the shallow water of a lake. 

There are times in some people’s lives when it is necessary to consider nursing homes and/or assisted living facilities. Selecting the right facility can be challenging. Medicare provides a website Medicare.gov/Nursing Home Compare to aid in this search. By inserting a zip code, visitors can see the facilities in the area and the facility ratings. 

AARP says that nursing homes must follow strict government guidelines. Among the requirements are that they must provide 24-hour access to a skilled nursing staff. They must also make sure all medical treatment is supervised by a physician. In addition, facilities must provide “services to attain, or maintain, the highest practicable physical, mental and psychosocial well-being of each resident. Patients often have multiple medical conditions which require assistance with daily activities, such as bathing and dressing. In 2015, nursing home staff spent a national average of 4.1 hours attending to each resident per day.”

The Medicare website, mentioned above, is only the first step. AARP recommends inspecting the facilities. Here is a link to their recommendations for visiting facilities: Inspect a Nursing Home Like a Pro.

Once a loved one is at a facility, the job is not over, by any means. Frequent attention needs to be paid to the everyday needs of the resident. The most successful stay, be it short- or long-term, only occurs with vigilance on the part of a third party. Visiting at odd hours of the day is a good way to see what is happening and if the resident is being treated properly. 

“Should you or a loved one suffer injury or neglect at a facility, please contact our legal team. We have the experience to assist you,” said Fort Myers Nursing Home Abuse Lawyer, Randall Spivey of Spivey Law Firm, Personal Injury Attorneys, P.A. 

 

 

Florida Nursing Home Negligence  Attorney,Randall L. Spivey is a Board Certified Civil 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.  Visit SpiveyLaw.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.

 

 

 

 

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