Articles Posted in Nursing Home Abuse

A Delray Beach man filed a wrongful death lawsuit Thursday against the Whitehall Boca where his 72-year-old mother was recuperating from pneumonia.

The man said his mother was suffering from a condition making it difficult for her to swallow or eat or drink solid foods.

In April, the man claims he was on the phone with his mother when she told him she felt like she was choking. He said he called the nursing home to alert them his mother needed help, but no one answered his calls.

According to reports, call records show a woman called 911 from the choking woman’s room and then hung up.

When dispatchers called back, the receptionist had no idea there was any trouble, and the nursing station did not answer.

Fire Rescue did respond, and documents Fischer show that the staff was not performing CPR, rather they were standing around the woman’s bed.

Reports indicate that the woman had not been breathing or responding for at least five minutes. The records also shows that the staff had not cleared the woman’s airway, which was clogged with vomit, which made her condition worse.

Wrongful death is a type of civil case, that is usually brought against a negligent party that has wrongfully caused the death of another party. In nursing home wrongful death cases, the victim’s loved ones are usually the one’s filing a lawsuit against the facility for negligence and/or abuse.

When considering filing a wrongful death lawsuit against a nursing home, there are several factors to consider, including:

  • If the death was caused somehow by the nursing home
  • If the conduct of the staff members, healthcare professionals, or caregivers at the nursing home contributed to the death
  • If there are surviving family members of the victim, such as a spouse, children, or other dependents and/or beneficiaries
  • If the victim’s death resulted in damages or pain and suffering

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A 53-year-old nurse’s assistant at a nursing home in St. Johns County was arrested April 13 and charged with elderly abuse after he apparently held a pillow over the face of an 81-year-old female patient.

A co-worker allegedly overheard the woman screaming outside the room at 2:30 a.m. After opening the door to assist with the problem, the co-worker apparently witnessed the accused holding a pillow over the face of the victim.

The co-worker claims the accused threw the pillow at the headboard after being spotted.

The incident was reported to a nursing supervisor who then contacted police.

The accused was booked into the St. Johns County Jail in lieu of $5,000 bond.

Retirement homes, nursing homes and other long-term care facilities have a duty to provide for the physical and medical care of their residents. This includes protecting residents from unnecessary harm. When these facilities and their staff fail to provide a proper standard of care, injury, serious illness and death can occur.

Nursing home abuse can come in many different forms, from intentional physical abuse to careless treatment leading to broken bones, bedsores and unexplained bruises, burns and cuts. Elderly mistreatment may also encompass the following:

Physical or Sexual Assaults by Staff
Medication Errors
• Failure to Follow Proper Treatment Plans
• Lack of Proper Supervision Leading to Slips, Trips or Falls
• Dehydration and Malnutrition

The Florida Nursing Home Abuse Lawyers at Whittel & Melton encourage everyone to keep a close watch on the seniors in their life. Unfortunately, this includes watching for signs of abuse at long-term care facilities as well as among the elderly that reside at home under someone else’s care. If any problems are identified, the top priority should be to remove the senior from the unsafe settings. Following this, all legal options should be taken into account so that the senior can recover for the suffering they experienced.

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