Florida Personal Injury Lawyers Blog

October 9, 2019

Florida Sex Abuse Victim Lawyer: Tech Accused of Molesting Women During Sleep Studies in Pasco County

by Whittel & Melton, LLC

A 52-year-old man has been accused of touching female subjects inappropriately during sleep studies he was conducting at locations in New Port Richey and Zephyrhills, according to New Port Richey Police.

Officers arrested the man on Tuesday. He was charged with one count of sexual battery and one count of battery.

Investigators said the man was previously employed as a technician at the locations where the sleep studies were conducted. Female victims alleged that he touched them inappropriately during studies he was administering.

A visit to the doctor, dentist, a sleep study therapist, or any other medical professional should always be a safe environment. You are trusting someone with your general physical, emotional, and mental wellbeing. You should always be able to trust the medical professional working with you, and they should treat you with respect at all times. Any type of medical professional who compromises the patient-doctor trust through what is called sexual medical malpractice is violating the law, not to mention medical. Any sexual abuse should be reported immediately, so that the person can be removed from the institution they are employed at. If you have survived a sexual assault from a medical professional, we urge you to speak with our Florida Sexual Abuse Injury Attorneys at Whittel & Melton as soon as possible so that we can begin helping you pursue civil action.

While it is perfectly normal for doctors and other medical personnel to touch patients during an exam, fondling or lingering touches are not normal. Sadly, because medical professionals are held in high esteem it is difficult for patients to discern what is normal and what is not. When your doctor instructs you to do something, you trust that they have your wellbeing in mind. It is not unheard of for medical professionals to use this trust to manipulate patients for their own sexual pleasure.

During an exam, procedure or treatment you have certain rights. If at any point you feel uncomfortable, you should always speak up and end the examination. Once you let the healthcare professional performing the exam know that you are uncomfortable, they should stop right away. You also have the following rights:

Requesting to have someone in the room. You are certainly entitled to have someone else in the room with you, such as a nurse, friend, or family member.
Expectation of privacy. If you need to undress for the exam, you should have the privacy to do so. Doctors and nurses should not be in the room while you change before or after the exam. Healthcare professionals should conduct exams private rooms or rooms. If you do have to undress, you should only have to undress the body parts that are necessary for the examination, and you shouldn’t need to stay undressed for long before or after the exam.
Requesting a medical professional of the same sex. It is entirely acceptable for you to ask for a healthcare professional who is the same sex as you.
Getting answers to your questions. You always have the right to question what the medical professional is doing, and they must respect your inquisitions and answer you truthfully.
Respect for your religion. You are entitled to wear religious jewelry or garments, unless they stop you from receiving appropriate care.

If a doctor invades your privacy or makes you uncomfortable during your exam, our sexual abuse lawyers can help. We can investigate your medical professional’s background and see if other victims have accused this person of sexual medical malpractice before. We take these claims very seriously and will conduct a thorough investigation without delay.

Sometimes we find that there have been other reports of inappropriate sexual behavior, and the hospitals or other institutions that employ your abuser may still allow your abuser to retain their position. When this happens, these institutions are now involved and can be held liable for failing to protect you and your peers.

Inappropriate, unwanted or coercive sexual advances from a trusted healthcare professional can be violent in nature or extremely manipulative. You can suffer traumatic physical and mental harm. We want you to know that you don’t have to go through it alone. Our Florida Sexual Abuse Injury Attorneys at Whittel & Melton are ready to help you through this difficult time in your life.

According to the Rape, Abuse, & Incest National Network (RAINN), nearly 54 percent of sexual assaults go unreported to the police. Furthermore, sexual assault or abuse is one of the most underreported crimes in the United States. Even worse, of the cases reported to police that make it to criminal trials, only 3 percent of abusers actually end up in jail.

These low numbers can be attributed to victims feeling ashamed or embarrassed so they do not report the injustice done to them. Other times, victims feel like no one will believe them, especially if their abuser is in a high power position, like a doctor or any other medical professional.

September 23, 2019

Off-Duty Ocala Police Officer Killed in Motorcycle Crash

by Whittel & Melton, LLC

An off-duty Ocala Police officer was killed late Thursday night after he was ejected from his Harley-Davidson motorcycle.

The 43-year-old man was traveling west on SW 95th Street Rd. when his white motorcycle suddenly veered left and traveled across the center median while spinning and then falling onto its side. The motorcycle continued to slide across the median and came to rest in the eastbound lanes, a Florida Highway Patrol report states.

The man was ejected from the motorcycle and also ended up in the eastbound lanes of SW 95th Street Rd. He was transported to Ocala Regional Medical Center, where he succumbed to his injuries, the FHP report says.

An ejection from the motorcycle is a common pathway to injury or fatality, because when the bike comes to a sudden stop, there is nothing affixing the rider to the bike. Also, the rider can forcibly strike any objects within the pathway of the ejection – as well as the ground.

Ocala, and the rest of the state of Florida, is beautiful pretty much year-round for motorcycle riders everywhere. With plenty of roads, attractive scenery, and gorgeous weather, Florida is a mecca for motorcyclists, as well as other tourists. But with more bikers on the roads, this also means more injuries. Motorcycle accidents tend to be more catastrophic than passenger car accidents because motorcycles lack the protection of a metal frame that cars have.

When a person is ejected from a motorcycle, serious injuries and death can easily occur. Since motorcycles have no seatbelts, roof, or doors to contain riders and passengers, nearly any motorcycle accident can result in ejection injuries. Riders without helmets are much more likely to suffer fatal injuries during accidents that result in ejection than riders that wear helmets.

When drivers and passengers are ejected from a motorcycle, the impact usually injures the head and neck. Motorcyclists can also easily collide with stationary objects that are in the path of the collision, which can result in more serious ejection injuries. Back and spinal cord trauma can also occur from ejection injuries due to the fact that the spine often becomes compressed during the ejection impact. However, any part of the body can be injured during a motorcycle ejection crash. It really all depends upon the way that the rider falls.

Injuries that are commonly suffered during a motorcycle ejection include:

Broken bones
Lacerations
Severe foot and leg injuries
Amputations
Traumatic brain injuries
Paralysis injuries
Concussions
Eye and facial injuries

A motorcycle collision can cause extreme violence to riders and passengers. More than 80 percent of traffic accidents involving motorcycles result in either injuries or death to the motorcyclist. As we mentioned before, motorcycles offer no protections to its driver or passengers. There is nothing to prevent the riders from being thrown off the motorcycle in the event of an accident. When ejected, the rider is quite likely to be injured again when hitting the ground or any other obstacle in the rider’s path of flight, including walls, trees, signs, other cars, etc.

There are many different types of motorcycle crashes, and some are more common than others. Here are the top ten reasons for motorcycle crashes:

Unsafe lane changes
Car doors opening
Inexperienced drivers
Driving under the influence of drugs or alcohol
A sudden stop
Left turn accidents
Speeding
Lane splitting
Head-on collisions
Road hazards

If you are a motorcyclist, there are preventative measures you can take to eliminate the possibility of a crash. You should wear a helmet, wear bright clothing, and invest in reflectors that shine brighter when illuminated by headlights. You should also limit the number of times you weave between lanes when traffic is stalled, as distracted drivers that are not paying attention can easily change lanes unexpectedly and strike you and your bike.

Our Ocala Motorcycle Injury Attorneys at Whittel & Melton also recommend the following to prevent tragic accidents:

Ride with a group to improve visibility
Avoid lane-splitting
Avoid riding on unfamiliar surfaces, such as gravel, loose asphalt, potholes, oil slicks, and other debris
Always ride defensively
Do not ride above your skill level. Take a safety course or refresher class to help improve your skill level.

September 20, 2019

Study Shows Central Florida Most Dangerous Place to Walk in the United States

by Whittel & Melton, LLC

A new study from Smart Growth America has found that between 2008 and 2017, drivers struck and killed 49,340 people who were walking on streets across the United States.

The study shows that 5,433 of those people died in the state of Florida, but an alarming 656 of those fatalities occurred in Central Florida.

That makes the Orlando, Sanford and Kissimmee metropolitan area the most dangerous place in the United States to walk, according to the report.

The top six spots on the list of most dangerous metro areas for walking in the United States are in Florida. No. 1: Orlando-Kissimmee-Sanford, No. 2: Deltona-Daytona Beach-Ormond Beach, No. 3: Palm Bay-Melbourne-Titusville, No. 4: North Port-Sarasota-Bradenton, No. 5: Lakeland-Winter Haven, No. 6: Jacksonville.

The next most dangerous states for pedestrians in the United States after Florida are Alabama, Delaware, Louisiana, Mississippi and Georgia.

You can view the full list on Smart Growth America.

Pedestrian deaths are at an all-time high. In addition to the above report, according to findings from a Governors Highway Safety Association report, pedestrian traffic deaths are at a 30-year high. According to the study, there were 6,227 traffic-related pedestrian deaths in 2018. This does not include those who were injured in pedestrian traffic-related accidents. One of the main contributing factors to this increase is distracted driving.

Pedestrian accidents are far from rare, and actually happen all too frequently in the state of Florida. Pedestrians may not only include those walking along city streets, but joggers, skateboarders, people in wheelchairs or other assistive devices, and scooters. Pedestrians also include anyone who may be on or near a roadway, such as people crossing the street to visit their neighbors, or children playing on the sidewalk.

According to the National Highway Transportation Safety Administration (NHTSA), a pedestrian is killed in a traffic accident approximately every two hours, and a pedestrian is injured in a traffic-related event accident about once every eight minutes. Pedestrian accidents can be especially dangerous because pedestrians do not have the same protections that drivers and passengers have being inside a vehicle.

As we mentioned before, many pedestrian accidents are the result of distracted drivers who are not paying sufficient attention to their surroundings. Pedestrians are frequently struck by a car while:

The car, truck or SUV is turning at an intersection or into a driveway or parking lot
The pedestrian is walking through a parking lot and the vehicle is driving through
The car, truck or SUV is backing up out of a parking space or driveway

Drivers have a duty of care to operate their vehicles in a responsible and safe manner. This duty of care is extended to motorcyclists, pedestrians, bicyclists, people in wheelchairs, and so on. Our Florida Injury Attorneys at Whittel & Melton like to point out that this means drivers should be defensive on the road, rather than aggressive.

Drivers need to be especially careful when driving through areas that are likely to have more children present, such as residential neighborhoods, school zones, shopping areas, and parks. Drivers need to be vigilant as young children are usually less aware of their surroundings and of the dangers posed by moving vehicles. Also, children are often harder to spot because of their small stature. It is equally important for parents to educate their children about the dangers of vehicles and roadways, as tragic parking lot and back-over accidents are common among this age group. Parents with young toddlers along roadways should always have them by the hand or carry them, if at all possible.

Distracted drivers that hit pedestrians usually fail to notice them crossing the street or walking behind a vehicle. Sadly, it is the pedestrian, not the motorist, who pays the price. Our Florida Pedestrian Accident Attorneys at Whittel & Melton represent pedestrians and surviving family members who have been injured or killed in motor vehicle accidents. We can pursue a personal injury claim on your behalf, or a wrongful death suit on behalf of a loved one who has been killed in a pedestrian accident in Orlando, Tampa, Sarasota, Bradenton, Lakeland, Daytona, Jacksonville, or the surrounding communities.

September 16, 2019

Florida Nursing Home Wrongful Death Attorney : Vietnam Vet Covered in Ant Bites in Nursing Home Dies

by Whittel & Melton, LLC

A Vietnam War veteran was bitten more than 100 times all over his body by ants while laying in his bed suffering from cancer in a nursing home on the campus of an Atlanta Veteran Affairs hospital just days before he passed away.

The Air Force veteran’s daughter was visiting him at the Eagle’s Nest Community Living Center, a nursing home for veterans on the Atlanta VA Medical Center campus, where he was being treated for cancer, when she noticed her father’s hands were swollen and his body was covered with red bumps.

The woman said she alerted a medical center staffer to her father’s new ailments. The staff allegedly told the woman that they thought the man was dead because the ants were all over him.

The man died just days later.

The Atlanta VA Hospital released a statement in response to the man’s case describing the actions they had taken including stripping all the bedrooms and inspecting them for ants, removing all open food containers, hiring a pest control company to do an inspection and purchasing plastic containers for the resident’s snacks.

“The Atlanta VA Health Care System leadership team has been notified that ants were found in our Community Living Center and impacting patients. CLC staff immediately cared for the Veterans and took action to ensure no other CLC residents were impacted. We would like to express our heartfelt remorse and apology to the Veterans’ families and have reached out to them to offer appropriate assistance,” the statement read.

After the incident, the woman said that the health center workers bathed her father and cleaned his room, but the next day, the ants came back. He was then moved to a new room where he would later die, according to reports.

“Atlanta VA Health Care System always strives to provide Veterans with the very best health care available. When we don’t meet that standard, we hold ourselves accountable. That’s why we have initiated a fact finding on the nursing and environmental care processes to ensure we are providing safe and effective care,” the Atlanta VA Hospital statement concluded.

An infestation of any kind (ants, bed bugs, lice, cockroaches, rats, etc.) is a very strong indicator that a nursing home or assisted living facility is not taking the proper steps to make sure that their facility is clean and free from pests and contagious parasites. Moreover, this is a sign that the nursing home or assisted living facility is falling below the standard of care that they are required to provide to their residents. If your loved one is the victim of an insect infestation in a nursing home or assisted living facility, our Nursing Home Abuse Attorneys at Whittel & Melton urge you to speak with us as soon as possible.

Nursing home abuse or neglect is a serious issue that affects thousands of residents. Indications of nursing home abuse or neglect include:

Malnutrition and dehydration
Bedsores and pressure ulcers
Soiled clothing or bedding
Generally unsanitary conditions

If you have a loved one who is living under poor conditions in a nursing home, you need to take immediate action. When neglect or abuse is prolonged, serious and fatal consequences are possible.

The best way to prevent nursing home abuse and neglect is by visiting your loved one on a regular basis. Frequent visits will help you become familiar with the daily conditions of the facility. You will also get to know the staff and gain a better understanding of day to day operations. The more involved you become, the lower the chances of injury or death to your loved one.

We understand that it is not possible to spend every moment in the presence of our loved ones, which is why many people turn to trusting medical professionals to care for their elderly family members in the first place. When nursing homes or assisted living facilities fail to provide the standard of care your loved one deserves, you may be entitled to take legal action. Our Nursing Home Abuse Attorneys at Whittel & Melton are here to review your case completely free of charge and help you determine the best way to proceed.

September 4, 2019

Kevin Hart Suffers Major Back Injuries Following Malibu Car Accident

by Whittel & Melton, LLC

Actor and comedian Kevin Hart suffered major back injuries after a car crash in Malibu, California, early Sunday.

Hart was riding as a passenger in his 1970 Plymouth Barracuda, with the driver and another passenger in the vehicle, when it rolled into a ditch at about 12:45 a.m. local time, the California Highway Patrol confirmed.

The driver crashed the muscle car after turning onto Mulholland Highway.

August 27, 2019

Nurses to Face Charges in 2017 Florida Nursing Home Deaths

by Whittel & Melton, LLC

Arrests are expected Monday in the case of a Florida nursing home where 12 elderly patients died after it lost power during a 2017 hurricane, according to reports.

Three nurses and an administrator are apparently being charged. The charges are unknown at this time, but they will likely be some form of manslaughter.

Police have been investigating the deaths for nearly two years but no charges have been filed.

Patients began dying at the Rehabilitation Center at Hollywood Hills days after the hurricane. Investigators say the center did not evacuate patients as temperatures inside rose, even though a fully functional hospital was across the street. The home’s license was suspended days after the storm and it later shuttered.

On Wednesday, September 13th paramedics were called to see to patients in distress at the Rehabilitation Center at Hollywood Hills. Firefighters went throughout the entire nursing home facility and found three people dead. Emergency responders then evacuated more than 150 patients to hospitals, many on stretchers or in wheelchairs. By Wednesday afternoon, five more residents had died. The nursing home sits across the street from Memorial Regional Hospital, one of the largest hospitals in Florida, which did not lose power during the entire storm. Regardless, other than a couple residents, the facility did not evacuate any residents until residents began to perish starting early in the morning of September 13th.

Paramedics from Hollywood Fire-Rescue testified last year that they are haunted by the deaths of 12 patients. A Fire Lt. said one of the female victims had a temperature of 107.5 degrees (42 Celsius), the highest she had ever seen in her 12-year career. Later that morning, another patient topped that with a temperature that was so high it couldn’t be measured, she said.

The case made national headlines and sparked political backlash. Months after the deaths, lawmakers passed a bill requiring backup power sources in Florida nursing homes and assisted living facilities. The legislation require the facilities to have a generator capable of keeping nursing homes and assisted living facilities at 81 degrees Fahrenheit (27 degrees Celsius) or lower for at least four days.

Our Florida Nursing Home Neglect and Abuse Attorneys at Whittel & Melton are passionate about helping families of wrongful death victims hold nursing homes accountable for their actions. When we take a nursing home negligence case, we will do whatever it takes to help family members obtain maximum compensation for their loss. If you have lost a loved one and believe that negligence or abuse may be to blame, we urge you to get in touch with us so that we can hold the nursing home responsible and win you the compensation you deserve.

Sadly, residents suffer these conditions as a direct result of receiving inadequate or improper care. Whether this is the result of a singular incident (such as losing power and suffering from sweltering temperatures) or deficient care over an extended period of time (as with malnutrition or dehydration), negligence on the part of nursing home staff members can easily lead to fatal medical conditions that with proper care should have been avoided.

It is important to note that even when conditions are not fatal, the elderly residents of nursing homes are still at an increased risk for contracting other life-threatening conditions and diseases. Severe injuries from falls and serious illnesses like untreated bed sores can all leave elderly residents in a weakened physical and emotional state. This makes them much more susceptible to being unable to fight off other illnesses and infections, and ultimately could result in them losing their life. When nurses and other nursing home staff members are unable or unwilling to provide details on how your loved one died, this can be a warning sign that negligence or abuse was a factor. You have every right to question the cause of your loved one’s death, and if the answers are hard to come by then you could have a valid wrongful death claim against the nursing home.

Our lawyers can help you get the answers you are looking for, and if it appears that you have a claim, we will do whatever we can to make sure your are fully compensated for your losses.

August 26, 2019

State Claims Alachua and Marion Counties in 100 Percent Compliance With Florida’s Generator Requirement As Hurricane Season Begins

by Whittel & Melton, LLC

In 2017, 12 residents at a nursing home in Broward County died in the aftermath of Hurricane Irma.

In March 2018, then-Gov. Rick Scott signed a bill requiring all nursing homes and assisted living facilities to have alternative sources of power in the event of a natural disaster. The original deadline for compliance was Jan. 1, but some facilities are still requesting extra time. June 1 was the official start of hurricane season and the new deadline for facilities to implement their plans.

Most counties in north central Florida are compliant, including Levy, Gilchrist, Columbia, Union, Bradford and Putnam.

According to the state Agency for Health Care Administration (ACHA), Alachua and Marion counties are both in 100 percent compliance.

According to the ACHA, a facility is compliant if its plan is fully implemented, or it has requested or been granted a deadline extension based on valid delays. All such requests are considered on a case-by-case basis.

Availability of proper equipment, installation scheduling and mechanical engineering plans reviews and approvals are some key reasons why facilities may require an extension.

According to ACHA’s website, nursing homes and assisted living facilities may qualify for supply costs reimbursement and funding assistance through Medicare and the U.S. Department of Housing and Urban Development (HUD).

The new environmental control rule mandates that the plan a facility sends to a local emergency management department should include a timeline by which it would be fully implemented.

The new state law sets no limits regarding extension requests or their duration.

While Alachua and Marion counties are all in compliance. Other counties, however, have more work to do in order to become compliant.

Clay County is at 96 percent, but there is no timeline for reaching 100 percent. On April 10, according to state records, Governors Creek Health and Rehabilitation in Clay County filed a petition requesting more time beyond June 1. Heartland Healthcare Center – Orange Park is also seeking the same extension.

Duval County is also at 96 percent. Seven centers had petitioned for more time, including Heartland Health Care Center of South Jacksonville, San Jose Health and Rehabilitation Center, First Coast Health and Rehabilitation Center, ISLF Deerwood Place, Fouraker Hills Rehabilitation & Nursing Center, Terrace of Jacksonville and Riverwood Center.

Facilities granted extensions must send monthly and quarterly progress reports to ACHA.

The facilities with approved extensions are still required to have an adequate plan to protect patients during a power outage. This includes a temporary generator on-site, a plan to obtain a generator within 24 hours of a power outage or a full evacuation plan.

In Levy County, some facilities have taken a different approach. Instead of purchasing generators, they borrow them.

The Electrical Generating Systems Association and Disaster Contractors Network offer website directories that allow facilities to search for local contractors providing resources and assistance.

Other regions, including Bradford and Union counties, have fewer nursing homes and assisted living facilities, but more group homes, which follow different regulations.

Group homes must adhere to the guidelines of both ACHA and the Agencies for Persons with Disabilities (APD).

North Central Florida is one of only two regions in the state to achieve full compliance. Escambia, Santa Rosa, Okaloosa and Walton counties in the panhandle are also at 100 percent.

Counties with the lowest percentages are Bay and Highlands. They are both at 92 percent.

The overall compliance rate statewide is 98 percent. Out of 3,753 licensed facilities in Florida, 2,621 have fully implemented their emergency power plans and 1,070 have extensions.

Here is a full list of all nursing homes in Alachua County:

North Florida Rehabilitation and Specialty Care
Oak Hammock at the University of Florida Inc
Palm Garden of Gainesville
Park Meadows Health and Rehabilitation Center
Parklands Care Center
Plaza Health and Rehab
Signature HealthCare of Gainesville
Terrace Health & Rehabilitation Center

Below is a list of all assisted living facilities in Alachua County:

Annie’s House
Brookdale Gainesville Southwest
Harborchase of Gainesville
Hunter’s Crossing Place – Assisted Living
Hunter’s Crossing Place – Memory Care
The Mayflower Assisted Living
Misty Meadows
North Florida Retirement Village
Oak Hammock at the University of Florida
Plantation Oaks Senior Living Residence
Southwest Retirement Home
The Windsor of Gainesville Assisted Living & Memory Care

Marion County nursing homes:

Avante at Ocala, Inc
Bridgewater Park Health & Rehabilitation Center
Hawthorne Health & Rehab of Ocala
Life Care Center of Ocala
Oakhurst Center
Ocala Health & Rehabilitation Center
Ocala Oaks Rehabilitation Center
Palm Garden of Ocala
The Lodge Health and Rehabilitation Center
Timberridge Nursing & Rehabilitation Center

Marion County assisted living facilities:

A Cottage Called Home LLC
Brentwood at Fore Ranch
Bridge at Life Care Center of Ocala
Bridgewater Park Assisted Living
Brookdale Canopy Oaks
Brookdale Chambrel Pinecastle
Brookdale Paddock Hills
Camelot Château
Canterfield of Ocala LLC
Change of Pace Ret Center
God Answers Prayers – Emmanuel, Inc
Hampton ALF at 24th Road LLC
Hampton ALF at Belleview LLC
Hampton ALF at Deerwood LLC
Haven House of Ocala
Hawthorne Inn of Ocala
Hidden Pines ALF
Higher Ground Assisted Living Facility
Marion Oaks Assisted Living
Mcintosh Assisted Living Inc
Pacifica Senior Living Ocala
Paddock Ridge
Prestige Manor
Prestige Manor III
Solita’s Comfort
Specialty Care Services Inc
Summerfield Suites
Superior Residences at Cala Hills
Syerra’s Angels
The Harbor House of Ocala
The Harmony House of Ocala
Windsor at Ocala
Wings of Love Assisted Living Facility LLC

While Alachua and Marion Counties are in the clear with the generator requirements, other Florida nursing homes and assisted living facilities are coming up short. If a Florida nursing home fails to comply with the generator laws, their actions could be deemed as negligence. This means that their actions, or lack thereof, may automatically open them up to legal liability if a resident becomes a victim.

August 23, 2019

Hundreds of Assisted Living Facilities in Florida Still Don’t Meet Post-Irma Requirements

by Whittel & Melton, LLC

More than a year ago, a new state law went into effect requiring nursing homes and assisted living centers to have emergency power plans, backup generators and enough fuel in place to run those generators for four days.

A News 6 investigation has uncovered modifications to the law that are allowing facilities to keep smaller amounts of fuel onsite in case of an emergency.

According to a spokesperson for the Florida Agency for Health Care Administration, the rules state all facilities must have a plan to acquire a minimum of 96 hours of fuel in the event of an emergency situation, but they do not have to have that much on site.

The rules now state a nursing home must store a minimum of 72 hours of fuel onsite.

As for assisted living facilities, a facility with a licensed capacity of 16 beds or fewer must store 48 hours of fuel on site whereas a facility with a licensed capacity of 17 or more beds must store 72 hours of fuel onsite.

In November 2017 when ACHA and DOEA filed new proposed rules with the Department of State to create permanent nursing home and ALF rules. In December 2017, these rules were sent to the Legislature for ratification. Manderfield states the emergency rules were then extended/renewed while the two agencies awaited ratification by the Legislature, and both rules were ratified by the Legislature and approved by the governor on March 26, 2018 .

The new emergency power plan law went into effect after Hurricane Irma, when a dozen nursing home residents died in Hollywood Hills.

The nursing home they were staying in lost power for days following the September 2017 storm, creating hot temperatures and dangerous conditions inside the facility.

But despite the urgency presented by then-Gov. Rick Scott, who demanded the creation of safer conditions for the state’s most vulnerable residents, News 6 has found that there are some Central Florida facilities that still do not have backup generators or other crucial power equipment in place, despite having more than a year to do so.

News 6 visited three of the more than 3,000 assisted living facilities currently licensed in the state to see which ones had their emergency power plans and equipment in place. Only one of them did: Alabama Oaks of Winter Park.

In April, News 6 visited Oasis National Assisted Living Facility in Apopka and was shown the facility’s written emergency power plan and new generator that was recently installed in the backyard. But the staff admitted they were still waiting for a transfer switch to go in. Recent calls to check if the transfer switch has been installed have gone unanswered.

That same month, News 6 also checked with the administrator at Excellence Senior Living in Orlando, who confirmed the 185-bed facility was still missing the permanent backup generator administrators had ordered, but has been approved for an extension. So that means even though the generator is not in place, the facility is not violating state law.

According to AHCA, 100% of the state’s nursing homes and almost 98% of the state’s assisted living facilities are in compliance with the new state law, but that just means they submitted an emergency power plan or extension, not that they have all the equipment in place. Some facilities have even received two or more extensions.

According to Florida law, there is no limit regarding variance requests or duration. The agency is evaluating extension requests on a case-by-case basis to ensure appropriate timelines for compliance and safety measures are in place.

There are currently 248 nursing homes and 2,328 assisted living facilities that have reported fully implemented generators.

The plan implementation and verification at facilities is ongoing, with 284 surveyors making onsite visits and inspections across the state.

As facilities implement their power plan initiatives, their information can be found on FloridaHealthFinder.gov.

According to News 6, Orange County’s Office of Emergency Management and the agency confirms it has approved plans for 82 assisted living facilities in its jurisdiction, and requested 11 ALFs to resubmit their plans. A county spokesperson confirms six ALFs have not submitted plans and the agency has notified AHCA. Orange County Emergency Management personnel are required to approve the emergency power plans, but the submission of approval letter to AHCA is the responsibility of the provider.

It is up to the state to confirm facilities are following their plan and AHCA is ultimately responsible for licensing the facilities.

So, what can you do to make sure your loved one is safe and that their facility has a plan and proper equipment in place?

Visit the facility in person unannounced.
Ask to see the emergency power plan booklet; it should be in an easy-to-access location.
Ask to see where the generator and fuel source are stored.
Ask staff if they have been trained on the power plans and how to use the equipment.
Check the AHCA website for a list of nursing homes in which facilities have been approved for an extension or multiple extensions.

A good facility will have no problem providing family members with their emergency plan and power plan safety measures. If you run across a facility that does, that is a big red flag that something is askew.

Nursing homes and assisted living facilities are legally obligated to properly care for every patient/resident in their care 24/7. This means that even during a hurricane they must provide appropriate medical care. If the facility is not prepared for severe weather like a hurricane or tropical storm, residents can suffer serious personal injuries and even wrongful death. Any residents or family members of loved ones who have suffered injuries in a nursing home or assisted living facility have the right to take legal action against a facility who acted negligently by not being prepared. Our Florida Nursing Home Negligence Attorneys at Whittel & Melton can investigate the nursing home or assisted living facility in question to determine if they are liable for any wrongful actions.

We are happy to help injured nursing home and assisted living facility residents, as well as surviving family members, recover financial compensation to cover damages such as medical expenses, therapy, rehabilitative care, and even wrongful death expenses. We will first launch an investigation into the nursing home or assisted living facility’s policies and practices to determine if negligence caused a resident to suffer harm. Once we conclude our investigation we can possibly take further action through a personal injury or wrongful death lawsuit.

August 22, 2019

New Florida Bill Aims to Outlaw All Forms of Distracted Driving

by Whittel & Melton, LLC

A new bill in Florida could ban drivers from putting on makeup, holding a cellphone, reading or performing other distracting activities.

This falls under a new bill unanimously approved by a Senate committee Wednesday.

The Senate Innovation, Industry and Technology Committee approved the measure after heart-wrenching testimony from parents whose children have been killed in accidents caused by distracted drivers.

Republican Sen. Wilton Simpson said distracted driving has become an epidemic in Florida, and not just involving cars hitting other cars.

“Bike riding, hiking, jogging — all of those things — we’ve had record numbers of deaths in this state by distracted driving,” Simpson said.

As it stands now, it is illegal to text and drive in Florida, but drivers can only be ticketed if they are first pulled over for another reason. Simpson’s bill would make distracted driving a primary offense, meaning law enforcement wouldn’t need another reason to ticket a driver. If enacted, Florida would ease into the law by creating a three-month period where law enforcement would only give warnings. After Dec. 1, police would be able to issue tickets.

Hands-free cell phone use would be allowed, and drivers would be able to check their phones as long as their cars aren’t moving, such as at a stop light or while idling in a parking lot.

Law enforcement officers would also have to record the race and ethnicity of ticketed drivers and an annual report would have to be given to the governor, House speaker and Senate president. Democratic Sen. Randolph Bracy asked for that provision to be included due to concerns that a distracted driving ban could be used for racial profiling.

Several parents who lost children in accidents urged the committee to approve the bill.

The Senate bill has been unanimously approved in its first two of four committee stops. A similar House bill hasn’t been heard in committee yet, but House sponsor Rep. Jackie Toledo said House Speaker Jose Oliva has promised it will get a hearing.

It is really no exaggeration to say that distracted driving is an epidemic, and not just in Florida, but throughout the U.S. With advancements in technology, we have seen an exponential increase in the number of drivers distracted by talking, texting or surfing the Internet while operating a car or truck. If you or a loved one has been injured in a distracted driving accident, our Florida Auto Accident Attorneys at Whittel & Melton can help.

Distracted driving kills. Distracted driving resulted in 3,166 deaths in 2017, according to the National Highway Traffic Safety Administration (NHTSA). Despite these alarming statistics, people throughout the state and country, especially the youngest and most inexperienced drivers, continue to endanger themselves, their passengers and other drivers sharing the roads by talking or texting while driving.

As car accident attorneys in Florida, we have seen far too many cases of serious injuries and death caused by distracted drivers. We are more than familiar with how to pursue claims for these injuries and deaths. We fight aggressively against negligent drivers and insurance companies that refuse to offer fair compensation for damages. While we strive to settle these cases through skilled negotiations, we are not afraid to take your case to trial if necessary.

Distracted driving is defined as any action that can take a person’s attention away from the primary task of driving. Text messaging is known as the most dangerous distraction, but there are others, such as:

Talking on a cell phone

Eating and drinking
Interacting with passengers
Personal grooming, like applying makeup
Reading, including maps
Watching videos
Adjusting a radio or other audio player
Using a navigation system

August 12, 2019

Nationwide Sexual Abuse Lawsuit Against Boy Scouts Uncovers New Allegations

by Whittel & Melton, LLC

Attorneys that have brought a lawsuit against the Boy Scouts of America have released statements that they have turned up allegations of sexual abuse against more than 350 people not previously identified in files released by the organization.

Lawyers with the Abused in Scouting group filed a lawsuit Monday in Philadelphia Common Pleas Court, alleging a one-time scout leader sexually abused a minor identified only by initials.

The suit claims that the abuse of the then-12- or 13-year-old victim by an assistant scout leader started around 1974 or 1975 and continued until about 1980.

It also alleges that the lawyers received other accusations of abuse from their clients against more than 350 people involved with the scouts who had not previously been named.

The Irving, Texas-based scouts compiled so-called ineligible volunteer files for years on people considered to pose a risk of abuse, and about 5,000 of these files have been made public as a result of court action.

Monday’s suit is claiming that the lawyers now have hundreds of names that were not in those public files. It does not list the names.

The lawsuit states that the Boy Scouts Defendants are attempting to hide the true nature of their cover-up and the long running pedophilia epidemic within their organizations.

The lawsuit comes as states have begun changing their statutes of limitations to make it easier for long-ago victims of sexual assault can seek damages in court.

The Boy Scouts have said previously that when any volunteer is added to the database for suspected abuse, “they are reported to law enforcement, removed entirely from any Scouting and prohibited from rejoining anywhere.”

The sexual abuse settlements have begun to strain the Boy Scouts’ finances to the point where the organization has said it’s exploring “all available options,” including Chapter 11 bankruptcy.

The Boy Scouts of America are one of the largest organizations for youth across the United States. The Boy Scouts have nearly 2.1 million youth participants as well as 1 million adults who support the programming by offering their time as volunteers.

The Boy Scouts of America is supposed to be a safe place for youth to learn, play and socialize, but leaders and mentors are not always the trusted mentors they are supposed to be. As this lawsuit points out, sadly, not all adults affiliated with the Boy Scouts have acted in a lawful and appropriate manner. Allegations of abuse run rampant among this association and has wreaked havoc on the lives of young boys throughout the United States. When sexual abuse occurs, a civil lawsuit can help victims and their families heal while providing the resources to get the help that may be needed.

When it comes to allegations of sexual abuse of a young boy in the Boy Scouts, the abuser is not the only person that can be held accountable in a civil lawsuit. The Boy Scouts as an organization will have to bear responsibility when it comes to injuries and damages suffered by a child in the Boy Scouts at the hands of an adult who is affiliated with the organization. Due to the fact that The Boy Scouts of America is a legal entity that has a responsibility to take all reasonable steps to keep the youth in their charge safe, if a child is sexually abused by adults associated with its programming, they are technically legally liable.

When sexual misconduct occurs, they are breaching their recognized responsibility, so both the abuser and the organization itself can be sued in a civil lawsuit to recover financial compensation for injuries, damages, and losses suffered by the young victim of sexual abuse.

When it comes to protecting you or your child’s rights after sexual abuse has occurred with the Boy Scouts, the first step is to schedule an initial consultation with our Florida Sexual Abuse Injury Attorneys at Whittel & Melton. We are available 24/7, every single day of the year.

Our team of knowledgeable, dedicated and compassionate lawyers will do everything in our power to help survivors of childhood sexual abuse. If you or your loved one has been the victim of sexual abuse within the Boy Scouts of America, we urge you to contact us today so that we can launch an immediate investigation into your case and get you the full and fair financial compensation that you deserve.