Nursing Home Abuse

April 3, 2019

Clermont Caregiver Caught on Camera Abusing Patient

by Whittel & Melton, LLC

A Florida caregiver is accused of abusing a 94-year-old amputee at an assisted living home.

The 64-year-old caregiver was arrested last week after the woman’s son placed a camera inside her room at the facility in Clermont.

An arrest report says the woman told her son the caregiver was being too “rough with her.” The son viewed the video footage and found his mother was being abused by her caregiver.

He reported what he saw to management at Crane’s View Lodge Assisted Living and Memory Care.

The caregiver was suspended and the facility reported the incident to the Department of Children and Families and police. She’s charged with abuse of an elderly person.

Placing a loved one in an assisted living facility or nursing home is a tough decision, but oftentimes necessary. You trust that the facility you choose will treat your loved one with the respect and dignity they deserve, but sadly this is not always the case.

Our Florida Nursing Home Abuse Attorneys at Whittel & Melton are dedicated to protecting the rights of nursing home patients and ending nursing home neglect and abuse. If you suspect a loved one is a victim of neglect or abuse in a Florida nursing home or assisted living center, we have the experience and resources you need to secure justice and recover financial losses.

The first step in protecting your loved one from further harm is reporting suspected neglect or abuse. Contacting our team of attorneys is a great next step as we can help ensure your claim is thoroughly investigated and that critical evidence is preserved. We can also pursue financial compensation for associated damages including medical expenses, pain and suffering, and in the worst cases, wrongful death.

February 21, 2019

Clearwater Nursing Home Resident Says Negligence Led to Fall

by Whittel & Melton, LLC

A resident is suing Pinellas Park nursing home operators, alleging breach of duty and negligence.

The woman filed a complaint Feb. 1 in Pinellas County Circuit Court against Pinellas Park Facility Inc., doing business as The Care Center at Pinellas Park, alleging they failed to exercise reasonable care in operating a nursing home in according with the state statutes.

According to the complaint, between July 29-Aug. 20, 2018, the woman was a resident at The Care Center of Pinellas Park. As a result of the facility’s negligent acts and omissions, the woman suffered a fall and injury Aug. 14, 2018.

The woman says this resulted in pain and suffering, disability, disfigurement, medical and hospitalization expenses and aggravation of a pre-existing condition. She alleges the facility failed to chart changes in her medical condition, failed to consult with her power of attorney, family and/or legal representatives and failed to monitor and provide a safe environment.

Many nursing home residents are injured in falls every day across the country. They may suffer hip fractures, traumatic brain injuries, broken bones, and other serious injuries. In a majority of these cases, these injuries could have been prevented if staff and management had been supervising residents properly and administering appropriate care.

If you or a loved one was hurt in a nursing home fall, you may have the legal right to seek financial compensation from the person or company responsible. Our Tampa Bay Nursing Home Abuse Injury Attorneys at Whittel & Melton can provide you with an immediate, free consultation about your case so that you know what steps to take next.

February 18, 2019

Nurses Facing Manslaughter Charges after Patient Rots to Death

by Whittel & Melton, LLC

Seven former employees, including a nurse practitioner, have been indicted after prosecutors say conditions at an Ohio nursing home got so bad that one patient “rotted to death.”

The contracted nurse practitioner and two workers are being charged with involuntary manslaughter for allegedly neglecting two patients, according to reports, which says the four other employees are accused of neglect or falsifying patient care records.

The group worked at a care center in Columbus.

According to the Ohio Attorney General’s Office, nurses failed to properly care for a male patient who died of septic shock after his wounds led to gangrenous and necrotic tissue in 2017.

According to reports, an attorney for the nursing facility said all the employees involved were fired two years ago.

Making the decision to place a loved one in a nursing home is a difficult one. Selecting the right home can be a stressful and emotional process. Regardless of how much research and thought is put in to choosing the right facility, you may end up with a facility that fails to provide quality care and treatment.

Too many Florida nursing home residents are victims of neglect and/or abuse. The result of this abusive treatment can be devastating to family members. That is why our Florida Nursing Home Abuse Attorneys at Whittel & Melton are here to help loved ones of nursing home abuse and neglect discover what they can do to hold those responsible accountable for their actions.

February 8, 2019

Brevard County Caregiver Arrested Years After Disabled Woman Gave Birth

by Whittel & Melton, LLC

A caregiver at a Florida facility for people with disabilities has been accused of impregnating a resident who gave birth in 2015.

Authorities say the 58-year-old man was arrested Wednesday on charges of lewd and lascivious battery on a disabled person.

An arrest affidavit says the man helped care for adult clients at a facility in Rockledge.

Staff members in 2015 discovered the female client was pregnant. The baby was born a few months later and adopted by the woman’s family.

Police say the woman has the mental capacity of a small child.

Authorities say the man had previously denied having sexual contact with the woman and voluntarily submitted a DNA sample last year. Investigators say the man’s sample came back a match with the child, resulting in his arrest.

According to the Disability and Abuse Project, which focuses on physical, sexual and emotional abuse of people with developmental or intellectual disabilities, 7 out of 10 Americans with developmental disabilities report they were sexually and/or physically assaulted, or neglected, or abused in some manner. In 2015, the U.S. Department of Justice reported 1.3 million crimes against persons with disabilities. Disabled women and men are three times more likely to be raped or sexually assaulted than the general population, according to the U.S. Department of Justice’s data.

If you have a loved one who is or was being abused by a caregiver, our Florida Sexual Abuse Injury Attorneys at Whittel & Melton can help. Your consultatio is completely free of charge and you are under no obligation to us. We want to make sure that you are armed with the knowledge that you need to hold the responsible party accountable for their despicable actions.

January 21, 2019

Assisted Living Facility Sued for Neglecting Patient

by Whittel & Melton, LLC

A patient’s representative is suing an assisted living facility operator for alleged negligence and reckless conduct.

The woman, who holds power of attorney for the resident, filed a complaint in Cabell Circuit Court against The Village of Riverview alleging that it violated the residents’ rights to be free from abuse, neglect and mistreatment.

According to the complaint, the resident was admitted to the facility on May 12, 2017 for rehabilitation and assistance. As a result of the facility’s negligence, the resident suffered a displaced femoral neck fracture, a periprosthetic right femur fracture and facial/scalp laceration, and a scalp hematoma.

The patient’s representative holds The Village of Riverview responsible because it allegedly failed to provide an environment free of accident hazards and failed to provide adequate supervision and assistance to prevent accidents.

Assisted living facilities provide care to hundreds of thousands of senior citizens and elderly individuals throughout the nation. Sadly, the level of care these individuals receive does not always live up to the standard of care that the assisted living facilities are required to provide. As a result, those left in the facility’s care are often abused or neglected.

If your loved one suffered serious injuries or died in an assisted living facility as a result of negligence, you may be able to file a lawsuit against the facility. However, there are time constraints for taking legal action in the state of Florida against assisted living facilities, so it is important to take action early to protect your rights.

When a loved one is injured or killed as a result of negligence in an assisted living facility, you may feel overwhelmed and unsure of what to do next. Our Florida Assisted Living Facility Abuse & Neglect Attorneys at Whittel & Melton are here to help guide you through the legal process.

January 7, 2019

Nursing Home where 12 Died after Hurricane Irma has License Revoked

by Whittel & Melton, LLC

Florida has revoked the license of a nursing home where 12 elderly patients died in the heat after it lost power during a 2017 hurricane.

The Agency for Health Care Administration issued its order Friday, saying an administrative law judge correctly concluded the Rehabilitation Center at Hollywood Hills “created an unsafe environment” in September 2017 after Hurricane Irma knocked out its air conditioning.

Patients began dying three days after the storm passed. Investigators believe 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 closed.

Police have been investigating the deaths, but no charges have been filed.

Nursing homes have a legal obligation to make sure their patients are properly cared for, even in the midst of a hurricane. When the facility and staff are not prepared, residents can suffer serious personal injuries and even wrongful death. For those who suffer injuries in a nursing home, or families who have lost loved ones in a nursing home, our Florida Nursing Home Negligence Attorneys at Whittel & Melton can investigate if the nursing home is liable for any wrongful actions.

We proudly help injured nursing home residents, and surviving family members, recover financial compensation to cover medical expenses, therapy, rehabilitative care, as well as wrongful death expenses. We start with looking into nursing home policies and practices to determine if negligence caused a resident to suffer harm. From there, we can help your pursue a personal injury or wrongful death claim.

September 17, 2018

Neglect and Death at Florida Elder Care Facility Raises Questions About Lawsuits and Regulation of Florida Nursing Homes

by Whittel & Melton, LLC

On Nov. 30, 2016, an elderly woman in her 80s was brought to Mariners Hospital after she had a seizure and her heart stopped.

Her physical condition was appalling as she was bleeding, covered in urine and feces, and had severe bed sores indicating abject neglect, according to court documents.

Doctors and nurses transported her to Homestead Hospital where she died the next day of septic pneumonia.

The woman’s death led investigators with the Monroe County Sheriff’s Office and the Florida Department of Children and Families to discover two unlicensed elderly care facilities: one in Plantation Key and the other, a trailer in Key Largo. Six patients, all over 80, lived at the two homes.

All the patients were in wheelchairs, had mental disorders and were prescribed either antipsychotic or anti-anxiety medications. They were all incontinent and required extra skin care and to be frequently turned over so their skin would not blister from exposure to their own waste.

None of the patients received anywhere near the proper care they needed for their conditions, which require 24-hour attention. Some were not being treated at all, according to court documents.

The facilities were operated by a 67-year-old doctor who was arrested at his Miami Beach home last June on two counts of aggravated neglect of an elderly person or disabled adult.

A 49-year-old woman, who was running the facilities on site despite having no medical training, was charged with the same crimes.

Both have pleaded not guilty to the charges and are out of jail awaiting trial. Their next court appearance, a status update, is scheduled for Oct. 30 at the Plantation Key courthouse.

Investigators also said the doctor was billing Medicare and being paid for services he was not providing.

Abuse and neglect in nursing homes and assisted living facilities occur every day across the country. Nursing home and assisted living facility negligence includes failing to protect residents from health and safety hazards. Negligence can result in injuries such as broken bones, bedsores, dehydration, malnutrition, and other medical conditions which cause harm and even wrongful death.

Our Florida Nursing Home Abuse Attorneys at Whittel & Melton can help you and your loved ones fight to recover everything you deserve. We are experienced in nursing home negligence matters, and will thoroughly and carefully assess each individual case. We prepare each case for trial in order to obtain maximum compensation for injuries, medical expenses, and pain and suffering. We want to help victims and their families hold these facilities accountable.

October 12, 2015

Man Claims Boca Raton Nursing Home Failed to Save Mother from Choking

by Whittel & Melton, LLC

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

April 23, 2012

Florida Nursing Home Abuse Lawyers :: Nursing Home Assistant Accused of Holding Pillow over Elderly Patient’s Face

by Whittel & Melton, LLC

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.