Florida nursing home abuse

Published on: November 12, 2021

Florida Nursing Home Abuse, Neglect Despite 5-Star Ratings

More than a decade ago, the federal government unveiled what was intended to be an invaluable tool to help people make what can be the most difficult choice of their lives: The nursing home to which they should entrust the care of a cherished elder loved one. The system used a simple 5-star rating, with one being the worst, and five the best. But has it actually led to better care and fewer instances of Florida nursing home abuse and neglect?

According to an in-depth investigation by The New York Times, the answer is: Unlikely. Reporters analyzed the underlying data that powers those databases and found it to be fundamentally flawed, providing a heavily distorted picture of the level of care offered at nursing homes across the country.

As our Florida nursing home abuse and neglect attorneys understand it, many of these nursing homes fudged self-reported data to government regulators (specifically, the U.S. Centers for Medicare & Medicaid Services). The CMS ratings system that is shared with consumers relies on a mixture of health inspector reports from on-site checks as well as self-reported data. Continue reading

Published on: November 18, 2020

Unnecessary Treatments: Another form of Florida Nursing Home Abuse

by Leland Garvin

Florida nursing home injuries

Billing state and federal government agencies for an unnecessary treatment of nursing home patients not only cheats taxpayers, but it can also lead to Florida nursing home abuse. This type of healthcare fraud involves improper, inflated, or otherwise unlawful billing of government and private insurers that fund nursing home residents’ daily care. As our Naples, Florida nursing home abuse lawyers can explain, the vulnerable adults who live in these facilities are inevitably affected.

Unnecessary intensive care – particularly at the end of life – may result in significant profits for the nursing homes, but it can increase pain, exhaustion, and suffering of the patient. It can also delay palliative or hospice care and might even accelerate their decline.

In one study published not long ago in the Journal of the American Medical Directors Association, researchers reported a 65 percent increase in the number of nursing home residents receiving “ultra-high” rehab services – most within the last seven days of their lives. The study solely looked at New York nursing homes, but our Naples nursing home injury lawyers know this is a Florida issue as well.

The Naples Daily News reported that the state’s largest nursing home provider faces a $255 million judgment for systematic fraud of the government by providing unnecessary treatments to patients; as we will further detail, there is little doubt that this constitutes nursing home abuse.

Published on: May 14, 2020

Florida Nursing Home Abuse Warning Informs Public of Abuse Citations

by Leland Garvin

South Florida nursing home abuse attorney The prevalence of Florida nursing home abuse is one of the primary reasons people have such a difficult time deciding to relocate a loved one there in the first place. One of the biggest indicators of whether a facility is safe is how well it is staffed. The government-run Nursing Home Compare website makes research much easier and more transparent by publishing everything from staffing levels in comparison to the state average to details contained in health and code inspection reports. Recently, it has gone a step further, with a bright red warning icon indicating nursing homes that have failed to protect its residents from being neglected, exploited, or abused.

There are reportedly 697 nursing home facilities in the State of Florida. Nursing Home Compare marked 25 of the state’s 697 nursing homes with the red-and-white “halt” hand icon on the first day the system went into use late last year. Two of those were in Southwest Florida: ManorCare Health Services in Fort Myers and Lakeside Pavilion in Naples. Both of those facilities were already at a two-star rating, indicating the quality of their care is below average. They have also both been on the state’s “watch list” of nursing homes that red flag facilities and that have been cited for failing to protect residents from Florida nursing home abuse.

The red warning icon is assigned to those nursing homes that have “severe abuse citations,” which usually involve serious abuse or neglect, typically leading to injury or death. However, less serious violations of “potential harm” could warrant a warning icon if it is repeated two years in a row. Continue reading