Florida Injury Lawyer Blog

Our Fort Myers Personal Injury Lawyers wish you and your family a safe Fourth of July holiday weekend. We know many of you will take to the roads to get away for a couple days -- please be careful.

As AAA estimates, more than 39 million people will be traveling this Independence Day holiday weekend, which is actually slightly down from 40 million last year, USA Today reports. The national driving organization believes that high gas prices -- up about $1 on average from last year -- contribute to the dip in traffic.

But 39 million cars still represents a high volume of vehicles traveling our highways and byways. And with Southwest Florida representing a vacation hot spot and destination for many travelers, our local roads may see an uptick in traffic. While that may be good for the local economy, it could be devastating if people get into car accidents in Fort Myers, Naples and elsewhere during the holiday weekend.

According to 2006 data from the Florida Department of Highway Safety and Motor Vehicles, 702 motor vehicle accidents occur every day in the state and thousands of people die each year on Florida roads.

These accidents can be minor fender-benders that cause little damage to the vehicle and no injuries to drivers and passengers. But that isn't always the case. Especially on busy highways.

Common Fourth of July Accident Causes:

Drunk driving accidents: According to 2009 data from the non-profit Century Council group, more than 53,000 arrests were made in Florida for DUI. That year, 770 people died in alcohol-related accidents.

Drunk driving accidents claim many lives each year and cause unparalleled devastation to families throughout Southwest Florida. And for those who survive, their recovery can last months or years or it's possible they can't fully recover from injuries sustained in these senseless wrecks.

Motorcycle accidents: You've likely seen the bumper stickers "Motorcycles are Everywhere" and "Look Twice For Motorcycles." Because Florida has such inviting weather, motorcycles are, indeed everywhere. And because they provide less protection than vehicles, riders are particularly susceptible to injury and death.

Florida has nearly 500,000 registered motorcycles, which ranks second only to California, another state with warm weather. And motorcycles are typically out and all times of the year because it is warm nearly year-round in the Sunshine State. Motorcyclists often have difficulty avoiding vehicles that pull out quickly without properly looking both ways. So, always be attentive while driving.

Pedestrian accidents: Like motorcyclists, pedestrians are at the mercy of drivers because they have very little protection. Distracted drivers often cause serious injuries to pedestrians in Collier County and elsewhere in Southwest Florida. Thousands of pedestrians are injured each year in Florida.

Continue reading " Fort Myers Fourth of July Traffic Could Be Hectic, So Avoid Car Accidents " »

Teen drivers recently met at our Nation's Capital to focus on the importance of safe driving habits during the summer months, especially when sharing our roadways with large trucks. Teens were involved in an interactive event to discuss the risks and consequences of a serious car accident in Fort Myers and elsewhere this summer. Each teen pledged to avoid the blind spots of large trucks and signed a “No Texting Promise” during this truck safety demonstration.

This demonstrations was conducted by the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA), the National Organizations for Youth Safety (NOYS) and the Commercial Vehicle Safety Alliance (CVSA). Officials from each organization spoke with these teens about the dangers of large trucks. For example, a fully loaded tractor-trailer requires approximately twice the stopping distance as a passenger vehicle. They also discussed their "No Zones," or blind spots.

Our Cape Coral personal injury attorneys understand that most of our young drivers do not have enough driving experience or driving knowledge to fully understand how these larger vehicles operate. They also lack the knowledge of how to properly and effectively accommodate their travel on our roadways. For these reasons, it is important to speak with our newly licensed drivers to make sure they understand the risks and consequences of accidents that involve such large vehicles. With proper knowledge, skill and experience, a serious -- or fatal -- accident may be prevented.

“We want everyone to be safe, but as newer drivers, teens must adhere to a few simple rules,” said Anne Ferro, Administrator of the Federal Motor Carrier Safety Administration. “They are: buckle up, don’t drink and drive; don’t speed, don’t text or use your phone, and steer clear of a truck’s blind spots.”

According to the U.S. Department of Transportation’s Fatality Analysis Reporting System, the deadliest days for teen drivers, ages 15- to 19-years-old, on our roadways are during the months of May through August. Twice as many teens die each day on our roadways during these 4 months as compared to the rest of the year. During this time, nearly 16 teen deaths occur on our roadways compared to an average of roughly 9 teen deaths a day during the year as a whole.

"Prom, graduation, and summer are fantastic times for youth to celebrate and enjoy. However, with these fun times come unfortunate tragedies,” said Sandy Spavone, President of the National Organizations for Youth Safety (NOYS). “Through education, enforcement, and legislation lives can be saved and injuries prevented."

Individuals aged 16- to 24-years-old make up the age group that has the highest traffic accident death rate in the United States. Between the years of 2005 and 2009, approximately 4,000 people from this age group were killed in traffic accidents that reportedly involved a large truck.

“Do not expect that having a driver's license is a right that comes without responsibility or risk,” said Steve Keppler, Executive Director of the Commercial Vehicle Safety Alliance (CVSA). “Be accountable for your actions, spread the word to your friends and parents, and help create a culture of safety. Most importantly, take the driving task seriously. You never know the impact you can have that ultimately could save your life or someone else's."

According to the National Highway Traffic Safety Administration, there were approximately 380,000 large trucks that were involved in traffic accidents in the United States in 2008. More than 4,000 of these trucks were involved in fatal accidents that resulted in nearly 4,500 deaths. Another 90,000 people were injured in these crashes. During 2008, there were nearly 300 large trucks that were involved in fatal traffic accidents in Florida alone.

Continue reading " Teen Drivers Likely to be involved in a Motor-Vehicle Accident with a Truck in Fort Myers and Elsewhere This Summer " »

Everyone thinks they know how dangerous texing while driving is, but do you know just how deadly it can really be? Ask a Naples woman who recently lost her pregnant daughter because of a distracted-driving accident, according to WINK News. Now, to increase awareness of this dangerous habit, drivers are filmed while attempting to complete an obstacle course while texting. Supports hope to illustrate your increased risks for being involved in a serious car accident in Fort Myers and elsewhere because of distracted-driving.

"She was going to walk the block to finish packing her stuff and I was to meet her there, pick her up with her belongings, and drive her back to her apartment she just got," said Kristin Murphy, the mother of the victim.

Our Naples car accident attorneys understand the dangers of distracted driving. But we would like all motorists to understand the dangers and risks that accompany these poor driving habits. As technology continues to advance, the number of distracting devices available to drivers increases. It's not only technology though. A driver can be distracted by virtually anything, including other drivers, the radio, their current mood and even maps. It is important for all drivers to focus on one thing, and one thing only, while behind the wheel of a motor vehicle -- driving!

Kristin's daughter was in the process of moving out into her own apartment back in March of 2009 when the accident occurred. Her new apartment was only a block away from her mother's house.

Her daughter was passing through the intersections of U.S. 41 and Airport Pulling Road, and never made it.

"18-year-old boy on his cell phone didn't see them crossing the street and hit both girls," recalled Kristin. "Chelsey was hit first. She took the brunt of the injury. She flew up on the hood, hit the windshield and was thrown 30-feet. Her friend was dragged a 105-feet by the car. Both girls were trauma-1 alerts, taken to Lee Memorial Hospital via the helicopter."

Kristin's daughter died a few days later in the hospital. The distracted driver never even knew he hit anyone.

"The police officer asked him what he was doing-- said he was talking to his friend on the phone when the impact occurred," said Kristin. "The police officer asked him if he knew what he hit and he said, 'I think it was a water cooler.' The dragging part was my daughter's friend he drug here 100-feet."

Kristin now advocates against distracted driving. She recently attended an event at the speedway at Disney. This is where Kristin watched parents take their teen drivers on an obstacle course that was set up by Allstate Insurance.

"The phone rings. You sort of feel bad if you don't answer it. If someone sends you a text, your PDA buzzes, people feel like they have an obligation to respond to the person when they really have an obligation to themselves and other people on the road to keep them safe," said Allstate CEO, Thomas Wilson.

Drivers at the speedway were to complete the obstacle course three times. First they had to go through it without any distractions. The second time they went through it one the phone and the third time they were to complete the course while trying to text and having passengers distract them. Cameras on the vehicle captured everything they ran over and even the driver's reaction.

"When you're talking on the phone you're into your conversation you're actually visualizing the person you're talking to. You can see straight ahead, but you have tunnel vision; you can't see what is on your sides," Kristin explained.

Kristin now has a national PSA on YouTube that features her daughter's face and a strong message about two lives that are forever changed.

"Chelsey's dreams are buried with her and this boy's dreams are gone. He can't be a police officer. He can't do that. He has two felonies now." she said.

Distractions affect drivers in a number of ways. For one, it slows their reaction time to the same slow-reaction time of a driver who is legally drunk. Drivers who use a cell phone behind the wheel of a motor-vehicle are 4 times more likely to be involved in a serious car accident. For the safety of you, your loved ones and everyone else on our roadways, we ask that you hold off on the distractions until you've come to a complete stop on the side of the road. No life is worth losing over a phone call or a text message.

Continue reading " Teen Killed by Distracted Driver in Naples " »

The National Safety Council uses the month of June every year to recognize National Safety Month. This entire month focuses its efforts on reducing the risks of unintentional injuries in Fort Myers and elsewhere. The most recent focus of this month's safety efforts was the causes and consequences of slips, trips and falls.

Falls are among the top causes of unintentional injuries across the country. These accidents result in nearly 9 million visits to emergency rooms every year. Adults that are 55-years-old and older are more prone to becoming victims of falls. Many times the result of these falls is the inability to lead an active and independent life. Risks of severe injury only increases with age as those who are 65 or older are involved in 4 times as many deadly falls as those in any other age group.

Our Naples personal injury attorneys recognize the severity of these types of accidents. What we also would like to remind you of is that many of these injuries and deaths can be prevented by taking the proper safety measures. Homeowners and business owners are urged to keep their properties maintained and free from slip, trip and fall hazards.

How can a homeowner reduce the risk of a fall accident in their house?:

-Reduce all potential tripping hazards. Safely secure all loose rugs, tiles and wood panels.

-Add grab bars and railings where needed.

-Clean up wet floor surfaces immediately and allow to dry completely.

-Improve the lighting throughout the entire house. Improved lighting means improved visibility.

How can an a business owner reduce the risk of a fall on their property?

-Remove all debris from walkways. Make sure floor areas are clear and smooth for visitors.

-Clean up spills or any wet areas as soon as possible.

-Clearly display caution signs warning visitors if a surface may be wet or a tripping hazard may be present.

-Reduce all tripping hazards. Safely secure all loose rugs, tiles and wood panels.

-Ditch the dim, mood lighting. Dimly lit spaces can increase the risks of a fall.

How can an individual prevent their risk of a fall?

-Exercise regularly. Be sure that when you do your exercises that you're focusing on moves that increase leg strength and improve balance.

-Have your eyes checked regularly. Be sure that you eyeglass prescription is up-to-date to maximize vision.

-Talk to your doctor. Check with them to see if any combination of your medications can result in dizziness or drowsiness.

According to the Centers for Disease Control and Prevention, one in every three adults fall each year and many suffer from severe injuries, such as head trauma and hip fractures. These falls can greatly increase your risk of an early death.

Falls are the number one cause of injury death to residents who are 65 and older. Falls are also the number one cause on nonfatal injuries and admissions into the hospital for trauma. In 2009, there were more than 2 million nonfatal fall injuries among older adults that resulted in treatment from an emergency room. More than 581,000 of these older adults were hospitalized. More than 18,000 older adults died from these unintentional injury falls in 2007 alone. During that year, more than 81 percent of all fall victims were older adults. These death rates from falls among older residents have witnessed a significant increase over the last ten years.

Direct medical costs of falls costs more than $19 billion in 2000. Fatal falls totaled roughly $179 million while nonfatal injuries cost approximately $19 billion.

Continue reading " Older Residents More Likely to Die from a Fall Accident in Fort Myers " »

The results are in.

According to the GMAC Insurance National Drivers Test, Florida has some of the worst drivers in the United States. Florida ranked 37th out of the 50 states for knowledgeable drivers. The Sunshine State had an average test score of 76.5 percent. This means that nearly 20 percent of our drivers wouldn't pass the written drivers test if they were to take it today.

After reviewing these test scores, it's no wonder there are so many fatal car accidents in Naples, Fort Myers, Bonita Springs and elsewhere throughout the state of Florida.

Our Fort Myers personal injury lawyers recognize that these results are a bit disheartening. According to the report, there are almost 37 million American drivers who would not be able to pass a drivers test. We hope these test scores will serve as a wake-up call for drivers to re-up their driving skills to help preserve what safety we have left on our roadways.

The GMAC test results concluded that one in five drivers on the road do not meet the basic requirements to get their driver's license, but they still have one.

”The GMAC Insurance National Drivers Test has become the benchmark for America's driving IQ,” said Scott Eckman, chief marketing officer, GMAC Insurance. ”All Americans need a refresher course when it comes to rules of the road and it begins with education. We're hoping this year's GMAC Insurance National Drivers Test results will inspire drivers to arm themselves with the knowledge they need to stay safe.”

Our country did see an increase of 1.7 percent from the 2010 test score average. Still, our average test score was only a 77.9 percent. According to the GMAC report, nearly 90 percent of tested drivers were unable to identify the correct action to take when pulling up to a steady yellow light. Only 25 percent of those tested were able to correctly determine a safe following distance.

Many drivers don't even know they're lacking proper driving knowledge and skills. This is why GMAC Insurance conducts an annual National Drivers Test in hopes of raising some awareness about our drivers' lack of skills. The organization hopes these results urge drivers to improve their credentials before they're involved in a serious -- or fatal -- motor-vehicle accident.

The GMAC Driver's Test Highlights:

-Men returned better test scores that women did. One in four women failed the test. Overall, men averaged an 80.2 percent and women averaged a 74.1 percent.

-The Midwest region of the country may have the safest roadways to travel as they were ranked first with an average test score of 77.5 percent.

-You may not want to drive throughout the Northeast region of the United States. They ranked last in the country with an average score of 74.9 percent.

-Older drivers, ages 60 to 65, are reportedly the most knowledgeable drivers. They returned the highest average score at 80.3 percent.

-One of every three drivers in New York and Washington D.C. failed the test, but Wyoming had the most failing scores.

-After three years in a row, New York is no longer the state with the worst drivers. This year they jumped from dead last to 45th place with an average test score of 75.3 percent.

You can take the National Drivers Test yourself to see where your driving knowledge stands.

Continue reading " Sunshine State Ranks in Bottom for National Drivers Test Scores " »

As you know, judging by the heat and the humidity, the summer is officially here. Unfortunately, so is the increased risk of a tire-related car accident in Fort Myers, Naples and elsewhere throughout the state. According to a U.S. Department of Transportation consumer advisory, this is the time for you to check out your vehicle's tires to help prevent one of these serious accidents.

Motorists are urged to check the air pressure in their tires. Drivers should also check out the condition of their tires, looking for bulges, uneven wear and general conditioning. The hot summer weather and under-inflated tires prove to be a deadly combination.

Our Naples personal injury attorneys urge residents to take the proper safety precautions this summer to help to prevent an accident. As the summer travel season begins, motorists will be hitting the road. The consumer advisory has been released to coincide with National Tire Safety Week and drivers around the country need to be aware of the condition of their tires, but especially those in Florida and other hot-weather states.

"As the weather warms up, it's especially important for drivers to ensure their tires are properly inflated," Secretary Ray LaHood said. "For your safety and the safety of others on the road, inspect your tires regularly and maintain the proper inflation."

According to the National Highway Traffic Safety Administration, roughly 3,400 people died from 2005 to 2009 because of tire-related accidents. Another 116,000 people were injured from these incidents.

"While it's true improperly maintained tires can contribute to a crash at any time of year, it is particularly critical for motorists to check tires during hot weather, when families and luggage often overload vehicles for long vacation trips," NHTSA Administrator David Strickland warned. "Underinflated tires spinning on hot asphalt for extended periods of time can be a recipe for disaster."

Motorists are urged to check their tire pressure often, but more importantly before venturing out on long trips. Aging tires and scorching pavement cause many more accidents for which the cause goes unreported. Your risk of an accident only increases if your old tires are under-inflated. You can check with the tire manufacturer or with the vehicle's owner manual for recommendations on how often you should change your tires.

Keeping your tires inflated will also help you to keep a little extra cash in your pocket. The Department of Energy reports that under-inflated tires can lower your vehicle's gas mileage by about 0.3 percent for every 1 PSI (pound per square inch) drop in pressure for all of your tires.

This is how it adds up: If a vehicle with a fuel-economy rating of 30 miles per gallon and tires with a 35 PSI tire pressure recommendation experiences a drop of 25 percent in tire pressure then the vehicle would lose about 8.8 percent in fuel economy. This means you'd be losing nearly 3 miles per gallon!

Continue reading " DOT Warns Motorists of Under-Inflated Tires Causing Car Accidents in Naples and Elsewhere " »

Once thought to be prone to deadly rollover accidents in Fort Myers and elsewhere, SUVs are now among some of the safest vehicles on our roadways, according to USA Today.

A recent study by the Insurance Institute for Highway Safety reports that newer SUVs are much safer than smaller cars because of their size, weight, and now electronic stability control.

Our Naples personal injury attorneys would like you to make note of these new ratings. The vehicle you choose can ultimately be the determining factor between life and death in a serious accident. SUVs may be a better choice, despite increased fuel consumption, as their death rate has dropped nearly 70 percent from the 1999-2002 models to the 2005-2008 models. Their rate went from 82 deaths per million vehicles to 28 million, making them some of the safest vehicles on our roads.

"The rollover risk in SUVs used to outweigh their size/weight advantage, but that's no longer the case," says Anne McCartt, the institute's senior vice president for research.

Many in the automobile industry credit the installation of electronic stability control for the increased safety ratings. This new technology uses the vehicle's brakes and engine power to keep the large vehicles from skidding or flipping over.

"It's a dramatic change and a testament to the incredible effectiveness of electronic stability control," says McCartt.

The new technology is available on nearly every type of car, but is still more common in new SUVs. This is why drivers of 2009 model year cars are about twice as likely to die in a rollover accident than someone who is driving a 2009 model SUV. Stability control has helped bring down death rates across the board, though. The overall death rate for all vehicles from 1989 to 1993 model year vehicles was a little more than 100 per million registered vehicle years. Newer vehicles, or 2005 to 2008 model year vehicles, have a death rate of just under 50, according to CNN Money.

"This report explains why Americans equate size with safety, even though small cars today are safer than ever before," says Wade Newton, spokesman for the Alliance of Automobile Manufacturers.

The overall death rate for 1989 to 1993 model year vehicles was 110 per million registered vehicle years. For 2005 to 2008 model year vehicles, the death rate is 48.

About 11.5 million vehicles were sold in the last year. Vans, SUVs or pickups accounted for 5.9 million, while 5.6 million were cars.

When you group the vehicles by segment, minivans are by far the safest with a death rate of 25 driver deaths per million registration years. Following vans are SUVs with a rate of 25, pickups at 52 and then cars at an average of 56. It should go without saying that larger cars perform better than smaller cars, with a death rate of 46 versus 82.

"For years, small cars have represented the low end of the economic spectrum and received fewer safety and enhanced design features," says Sean Kane of Safety Research & Strategies, which advises plaintiff lawyers, government and auto suppliers. "Undoubtedly, that has an effect."

Continue reading " SUVs Among the Safest Vehicles in Fort Myers Car Accidents " »

Pool owners have a responsibility to maintain their pools and ensure a safe environment for anyone who uses them as we all work to reduce the risk of swimming pool accidents in Cape Coral and Fort Myers this summer.

The U.S. Consumer Product Safety Commission (CPSC) reports that through the first five months of 2011, there were 55 reported drownings and 63 near-drowning accidents.

Now that school is letting out, Fort Myers pool accident attorneys want to remind babysitters and adults who supervise young children in pools to keep a watchful eye to prevent a drowning accident. It only takes a short amount of time for a drowning to occur.

We posted previously on our Florida Injury Lawyer Blog that the CPSC has been investigating pool and spa drain cover manufacturers in compliance with the Virginia Graeme Baker Pool and Spa Safety Act (P&SSAct). Florida leads the nation in the number of drowning incidents for children younger than 5. In most cases, these accidents are caused by proper safety features and advice being ignored.

The CPSC offers these additional statistics:

-From 2008 to 2010, an average of 5,100 pool or spa-related injuries each year were treated at hospital emergency rooms for children 14 and younger. Children 4 and under represented 79 percent of these injuries.

-76 percent of reported fatalities from pool and spa-related drownings from 2006 to 2008 were children younger than 5. There were a total of 383 drownings for children 14 and under during this time period.

-Children ages 12 to 47 months represented 66 percent of fatalities (from 2006 to 2008) and 64 percent of injuries (from 2008 to 2010) in pool and spa-related incidents.

-96 percent of victims submersed in water will die. Deaths usually occur the same day that the event took place.

-Only 4 percent of near-drowning victims will survive a submersion incident beyond a week. Those who do will undergo intensive medical care for the severe injuries sustained in the accident.

"CPSC's new data show that the number of drownings and near-drownings involving children younger than f5 are still a serious public health issue," said Chairwoman Inez Tenenbaum. "CPSC is committed to reducing the number of drowning and near-drowning incidents in swimming pools and spas in the country. The Pool Safely campaign and its partners encourage parents and children to take as many water safety steps as possible to help save a life."

The CPSC recently kicked off the second year of the Pool Safely: Simple Steps Save Lives campaign, an effort to reduce entrapment, nonfatal submersion and child drowning accidents.

Florida Swimming Pool Association offers the following simple steps to prevent drownings and other accidents:

S-A-F-E-T-Y:

-Supervision – an adult must always be present when children are in the pool.

-Alert – not only is keeping an eye on small children a must, but so is keeping the pool area toy and chemical-free. Sunscreen should always be accessible, and food and beverage should only be served in non-breakable containers.

-Free - never consume alcohol or drugs while using a pool or spa. In most cases, alcohol creates unsafe conditions for those who use or abuse it.

-Emergency – learn CPR, keep a portable and charged phone at poolside, and have a list of emergency phone numbers close by.

-Teaching – everyone who frequents the pool should be taught how to swim. Local YMCA's, recreational departments and other programs offer classes in your area.

-You – considering safety at all times means you are being responsible.

June is National Safety Month. For more information about summertime safety visit the National Safety Council's summer safety and health fact sheets.

Continue reading " Pool Safely Campaign Aimed at Reducing Submersion and Drowning Accidents in Fort Myers " »

Now that school has let out for the summer, families are starting to take vacations and spend more time outdoors. It's a good time to put our focus on summertime safety. The National Safety Council is offering their annual month-long June observance on safety awareness in hopes of reducing the number of preventable deaths or serious injuries that could occur this month and beyond.

June is National Safety Month, and this is the first of a series of blogs throughout this month that will focus on safety awareness to reduce the risk of personal injuries or car accidents in Fort Myers.

It's also a good time for our Fort Myers accident lawyers to remind motorists that no matter how safe you are, the negligence of other motorists can lead to serious or fatal injuries. Those involved in an accident, should speak with a qualified attorney and make sure they understand their rights.

Each week in June, the National Safety Council will take on a different topic. Car crashes, overexertion and falls are all leading causes of preventable deaths and injuries. In 2009, there were an estimated 128,200. The recorded total of unintentional deaths in 1992 was 86,777 (lowest recorded total since 1924), which is 47 percent less than the 2009 estimate. Unintentional injuries cost Americans and employers about $693 billion nationally each year, or roughly $5,900 per household.

NSC will focus on the following topics each week:

-June 1-4, Summertime Safety: Summertime accidents often lead to unintentional injuries, so NSC is providing safety and health fact sheets to help prevent these kinds of injuries and fatalities. The key issues to be focused on are distracted driving, teen driving, workplace and off-the-job safety. The organization will be offering various tips on agriculture safety, inside and outside the home safety, environmental safety, road safety and school bus safety.

-June 5-11, Overexertion and How to Prevent it: Hospital emergency rooms treat overexertion frequently with sprains and strains being the most common types of injuries.

-June 12-18, Teen Driving Safety: Teen drivers are the age group most at risk, so promoting safety to this age group is critical to keeping streets and highways safer for everyone.

-June 19-25, Slips, Trips and Falls and How to Prevent them: Not only are older adults more prone to slips and trips, but falls are one of the leading causes of unintentional injuries that require professional medical attention.

-June 26-30, Cell Phone Use While Driving: Distracted driving is a contributing factor to the nation's leading cause of unintentional deaths, which is motor vehicle crashes.

Everyone finds a little extra time during the summer months to do the things they enjoy the most. As you make your summertime to-do list, keep safety in mind as a top priority in order to keep you and your family safe from preventable injuries.

Continue reading " Summertime Safety Targets Injuries and Deaths in Fort Myers Car Accidents " »

Nursing home abuse and neglect in Florida is a far more common problem than the state acknowledges and yet state lawmakers are looking to loosen regulations at nursing homes, according to a recent article in the Orlando Sentinel. It is reported that the nursing home industry will have fewer staffing requirements and watchdog programs could become obsolete in recent moves made by state lawmakers.

Fort Myers nursing home neglect attorneys witness evidence routinely from families whose loved one has been a victim of abuse or neglect in a nursing home or assisted living facility. Elder care facilities have a responsibility to protect our loved ones -- yet we often see signs of neglect like bed sores, malnutrition, infections, inappropriate living conditions, physical abuse, broken bones or insufficient caretaking.

The Long-Term Care Ombudsmen Program, established back in 1972, was meant to advocate for elders who live in nursing homes, adult care facilities, and assisted living facilities. The aim was to improve quality of life and resolve issues that arise within facilities at the local, state and national levels.

Federally funded, the program offers a voice for the elderly who are unable to speak up or defend themselves. It has over 1,200 full-time staff and another 8,600 plus volunteers working to help protect senior citizens living in elder care facilities. In 2009, 233,025 complaints were resolved and another 161,222 new cases were opened nationwide. The top 5 complaints from residents at nursing home facilities in 2009 were:

-Residents needing assistance were left unattended by nursing home staff.

-No notice or planning for eviction or discharge was given.

-Attitudes by staff were poor and exhibited a lack of respect for nursing home residents.

-Food being served to residents lacked in variation, quantity, and quality.

-Improper management and administration of medications given to residents.

Florida's head ombudsman for the watchdog program was recently relieved of his responsibilities. The nursing home industry objected to the investigations of the 400 volunteer ombudsmen who were visiting nursing homes throughout the state and documenting instances of neglect or abuse while holding the facilities accountable for their unprofessional actions. The watchdog program to date has proven to be highly successful with a 98 percent satisfaction rating and over 9,000 investigations documented in a record high year. Unpaid workers kept the program cost-effective in an attempt to look out for the older population who can no longer take care of themselves.

Examples of neglect and abuse from recent reports in Florida include:

-A 75-year-old male suffering from dementia wandered out of the facility and was eaten by alligators.

-Evidence of illegal restraints being used by some facilities.

-An owner of an assisted living facility threatened residents with a stick while refusing them medication and food.

-A 71-year old died from burns obtained from a scorching bath.

-Residents were permitted to beat each other with 2-by-4s while staff stood and watched the behavior.

-Deaths at nursing homes from abuse and neglect are occurring on average of one a month.

These may be extreme examples, but they happen at facilities throughout the state. As the state makes moves to support the nursing home industry and hold elder care facilities less accountable for their actions, it becomes even more important to research your options before putting your loved one in an elder care facility. Make a checklist, visit numerous facilities and ask a wide variety of questions before choosing which facility is going to give the best care to your loved one. Avoiding incidents of abuse or neglect is the best thing you can do for your loved one during their final years.

Continue reading " Nursing Home Abuse in Florida Increases with Fewer Home Requirements " »