Florida Injury Lawyer Blog

New Report Says 1 in 5 Nursing Homes Rated “Poor”

A Fort Myers nursing home facility faces charges of abuse of one of its residents following complaints registered by a family member. A Cape Coral woman is alleging neglect after finding her father bruised, his glasses broken and with feces on his legs, at Signature HealthCARE at College Park, which is located just off Cypress Lake Boulevard near University Drive. The woman found her father slumped over in his wheelchair, and unable to sit up. After being transported to the hospital, staff there reported that the man had fecal matter down his legs and into his socks, was wearing three soiled diapers, and also that he appeared to have a bad rash and looked like he had not been washed in days. This is apparently not the first charge of neglect or abuse at the facility, which operates nursing homes in 7 states and whose Florida headquarters are in Palm Beach Gardens. Officials with the Agency for Healthcare Administration are now investigating Signature HealthCARE, and The Florida Department of Children and Families also has its own investigation into the incident. DCF has reported 7 investigations into the facility in the last two months.

According to an analysis of newly released government data by the USA Today newspaper, 1 out of 5 nursing homes consistently received a rating of “poor” when considering factors like overall quality, staffing and health inspections. A search of the Signature HealthCARE facilities reveals that the Fort Myers property received a rating of 1 star out of 5 stars which designates it as a below average facility. The Signature HealthCARE facilities in Port Charlotte and Sebring each received 2. The company has 20 properties in Florida.

In 2008, the Centers for Medicare & Medicaid Services began the rating system, giving the nursing homes they reviewed a rating of 1 to 5 stars, with 5 being the highest rating. The homes are rated based on different categories that could affect a resident’s quality of life and over all safety. The agency gathers their information based on nursing home complaints they investigate, inspections and other information. The study also lists whether the nursing home is a for-profit or non-profit entity, and whether a corporation owns them or not. The analysis of the data indicates that for-profit corporations owned nearly all of the homes that repeatedly received the fewest overall stars.

According to information provided on www.medicare.gov, “The Five-Star Quality Rating System was created to help consumers, their families, and caregivers compare nursing homes more easily and help identify areas about which you may want to ask questions. This rating system is based on continued efforts as a result of the Omnibus Reconciliation Act of 1987 (OBRA '87), a nursing home reform law, and more recent quality improvement campaigns such as the Advancing Excellence in America’s Nursing Homes, a coalition of consumers, health care providers, and nursing home professionals”.

A Medicare spokesperson said that even though a facility may receive a 1-star rating, it does not necessarily mean that it is a terrible facility. Even the lowest rated homes must meet the minimum Medicare operational standards to remain open. The hope is that by providing the rating system, families and loved ones who are considering admitting a family member to a nursing home will have better information on which to base their selection, and the industry in general will improve its standards of care.

Medicare recommends following these steps when deciding on a nursing home selection:

Step 1: Find Nursing Homes in your area. Search by name, city, county, state, or ZIP code.
Step 2: Compare the quality of the nursing homes you're considering using the Five-Star Quality Ratings, health inspection results, nursing home staff data, quality measures, and fire safety inspection results.
Step 3: Visit the nursing homes you're considering or have someone visit for you. Use the Nursing Home Checklist to help you track your research.
Step 4: Choose the nursing home that best meets your needs. Talk to your doctor or other healthcare practitioner, your family, friends, or others about your nursing home choices, and Contact the Long-Term Ombudsman or State Survey Agency before you make a decision.

P.J. Scheiner, an attorney who handles nursing home abuse cases with the law firm of Associates and Bruce L. Scheiner Personal Injury Lawyers, P.A., says, “Unfortunately, the problem of nursing home abuse is all too real, and in some extreme cases, can lead to a family member’s being seriously injured or even killed in a poorly run facility. You need to use every method you have available in order to ensure you select a home where your loved one will receive the best care possible”.

To search for a nursing home and see their most recent rankings under the 5-Star Quality system, click here. By typing in the city and state, you will see a listing of all of the ranked facilities in that area.

Should you or a loved one be injured while in a nursing home contact Associates and Bruce L. Scheiner, Personal Injury Lawyers at 1.800.Dial.BLS or visit www.focusedonjustice.com. You pay us nothing unless we win.

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With the large population of senior residents in Southwest Florida and the abundance of nursing home facilities here, the potential for a member of your family being subjected to nursing home abuse is a serious concern. You expect that the facility where your relative lives will provide professional and appropriate care – and yet, the fact is that abuse does occur, and can be devastating to your family.

Florida's Long-Term Care Ombudsman Program is a volunteer-based organization seeking to improve the quality of life of frail, vulnerable elders who live in long-term care settings, including nursing homes, assisted living facilities and adult family care homes by directly responding to their concerns. The program operates under the authority of federal and state law. The organization’s 2007-2008 Annual Report points out that long-term care facilities in Florida fall into one of three categories: nursing homes (686 facilities; 82,024 beds), assisted living facilities (2,743 facilities; 89,445 beds), and adult family care homes (503 facilities; 2,316 beds). That means there are 3,932 long-term care facilities in the state of Florida, with 173,785 beds. The potential for the abuse of residents requires an ambitious and ongoing oversight.

The Ombudsman Program conducts annual administrative assessments of these facilities as mandated by Section 400.0073, Florida Statutes. These assessments focus on the rights, health, safety and welfare of residents. In 2007-2008, volunteer ombudsmen completed assessments of 100 percent of licensed long-term care facilities statewide. During the same period, they completed 7,758 complaint investigations. The top three complaints from nursing home residents pertained to improper discharges; medication administration; and matters of personal hygiene. The top three complaints in assisted living facilities and adult family care homes were related to menu quality, quantity and variation; medication administration; and issues of cleanliness, pests and general housekeeping.

There are several types of abuse that can take place in a nursing home. People most often think of physical abuse, but several other forms of improper care are reported each year. Elder abuse is any act, failure to act, or incitement to act done willfully, knowingly, or recklessly through words or physical action that causes or could cause mental or physical injury or death to a nursing home resident. This includes verbal, sexual, or mental/psychological abuse, including corporal punishment, involuntary seclusion, or any other actions within this definition.

Often, family members or the legal guardian of a nursing home resident may be hesitant to report a suspected case of abuse. They fear the situation may become worse, in a retaliatory effort of staff and supervisors. Additionally, abuse may be occurring due to the inability of the patient to emotionally or physically communicate the problem to the nursing home staff or to a family member. The alarming fact is that only 20% of nursing home abuse incidents are ever reported.

The National Citizens’ Coalition for Nursing Home Reform, a non-profit membership organization founded in 1975 to protect the rights, safety and dignity of America’s long term care residents, has published this list of things to watch for in monitoring the care of a nursing home resident, and defines the differences between neglect and abuse:

Neglect: Neglect is the failure to care for a person in a manner, which would avoid harm and pain, or the failure to react to a situation that may be harmful. Neglect may or may not be intentional. For example, a caring aide who is poorly trained may not know how to provide proper care. Examples include:

• Incorrect body positioning -- which leads to limb contractures and skin breakdown;
• Lack of toileting or changing of disposable briefs – which causes incontinence and results in residents sitting in urine and feces, increased falls and agitation, indignity and skin breakdown;
• Lack of assistance eating and drinking -- which leads to malnutrition and dehydration;
• Lack of assistance with walking – which leads to lack of mobility;
• Lack of bathing – which leads to indignity, and poor hygiene;
• Poor hand washing techniques -- which leads to infection;
• Lack of assistance with participating in activities of interest – which leads to withdrawal and isolation.
• Ignoring call bells or cries for help

Abuse: Abuse means causing intentional pain or harm. This includes physical, mental, verbal, psychological, and sexual abuse, corporal punishment, unreasonable seclusion, and intimidation. Examples include:

• Physical abuse from a staff member or an intruder or visitor from outside the facility -- including hitting, pinching, shoving, force-feeding, scratching, slapping, and spitting;
• Psychological or emotional abuse -- including berating, ignoring, ridiculing, or cursing a resident, threats of punishment or deprivation;
• Sexual abuse – including improper touching or coercion to perform sexual acts;
• Substandard care which often results in one or more of the following conditions -- immobilization, incontinence, dehydration, pressure sores, and depression;
• Rough handling during care giving, medicine administration, or moving a resident.

Misappropriation of Property/Funds: This means the deliberate misplacement or misuse of a resident’s belongings or money without the resident’s consent. Examples include:

• Not placing resident funds in separate interest bearing accounts where required;
• Stealing or embezzling a resident’s money or personal property, such as jewelry or clothing.

Nursing homes are required by federal law to have intervention strategies and regular monitoring to prevent neglect and abuse. The nursing home must re-evaluate these measures on a regular basis.

Florida personal injury lawyers are concerned about the level of care provided at our area nursing homes and assisted living facilities. “When you entrust the care of an elderly family member to a licensed care facility, you don’t want to even think about the possibility for abuse of your loved one”, says Bruce L. Scheiner, founder and senior attorney of Associates and Bruce L. Scheiner Personal Injury Lawyers. “Proper investigation and research of the facility, as well as diligent, ongoing monitoring of the care being provided, can help reduce the risk of abuse cases.”

If you suspect a family member may be the victim of nursing home abuse in Florida, the first thing you should do is report the incident. The National Center on Elder Abuse, under the direction of the U.S. Administration on Aging, provides these resources:
• 1-800-962-2873 (For suspected elder mistreatment in the home).
• 1-800-453-5145 (For suspected elder mistreatment in the home, TDD/TTY access).
• 1-888-831-0404 (For suspected elder mistreatment in long-term care facilities).

Since 1971, Associates and Bruce L. Scheiner Personal Injury Lawyers has been aggressively fighting for the rights of victims of nursing home abuse, focusing on justice and ensuring that your loved one is receiving competent care. We’re here if you need us at 1.800.DialBLS or www.focusedonjustice.com

A Southwest Florida elder-care facility may have been negligent in the smothering death of a 72-year-old resident, according to a state probe, which found some evidence of neglect or abuse.

Florida nursing home neglect lawyers and elder abuse attorneys encourage residents throughout Southwest Florida to carefully check a facility where they are considering placement of a loved one.

Florida law governing nursing homes and assisted living facilities, including the residents' bill of rights, can be found by clicking here.

"There are some very, very good nursing homes," Florida personal injury attorney Bruce L. Scheiner, of Associates and Bruce L. Scheiner, Personal Injury Lawyers, told FOX4 news in a television interview about this most recent incident. "But there are also nursing homes where I would not want one of my loved ones to step foot inside."

The 72-year-old resident of Hidden Oaks Retirement Center was smothered to death in the Alzheimer's unit after an argument over a blanket with roommate Kenneth Knauf, an 87-year-old retired U.S. diplomat.

Another report says the Fort Myers center broke several rules or laws, including falsifying a record, failing to keep the two residents safe and train staff properly, according to an article in The News-Press of Fort Myers.

Department of Children and Families closed its investigation earlier this month with findings of inadequate supervision. DCF has investigated seven allegations of abuse or neglect at Hidden Oaks in the last three years -- Two were closed with findings, DCF spokeswoman Erin Gillespie told injury-lawyer-florida.com

The Agency for Health Care Administration reported the fight went on for half an hour and the 911 call was not made until about 10 minutes after the resident was found by employees, who tried to perform CPR.

The report highlighted the home's failure to comply with residents' bill of rights. The News-Press reported that failure to take corrective action could result in the state shutting the facility down or preventing the facility from accepting any new residents

Attorney Scheiner encourages anyone with a friend or loved one in a nursing home, assisted living facility or other elder care environment to familiarize themselves with Florida's residents' bill of rights.

Florida's Agency for Health Care Administration offers a statewide nursing home guide, watch list, and other information useful in making such decisions. Click here for more information.

Additional useful information, including inspection reports and other data on Florida facilities can be found by clicking here.

Continue reading "Southwest Florida elderly abuse and neglect in the news as state probe found some evidence of neglect or abuse at Fort Myers facility" »

The Florida injury lawyers at Associates and Bruce L. Scheiner, Personal Injury Lawyers, begin 2009 with a new toll-free phone number, 1-800-Dial-BLS.

Whether you are injured in a car accident, motorcycle accident, truck accident or are the victim of a drunk driving crash or other personal-injury or wrongful-death situation, representatives are available 24 hours a day at 1-800-Dial-BLS to review your case.

The firm has four decades of experience handling car accidents and other personal injury cases throughout Southwest Florida, including Fort Myers, Naples, Cape Coral, Arcadia, Port Charlotte, Venice and Sebring.

Started in 1971 by Bruce L. Scheiner, the family-run firm is dedicated to representing Florida residents who have been injured by the negligent or careless acts of other individuals, businesses or insurance companies.

The firm has never worked for big businesses or insurance companies and practices exclusively in the area of personal injury law. Unlike many other firms, which split their attention between personal injury cases and other types of law, like divorce, real estate and criminal cases, Associates and Bruce L. Scheiner, Personal Injury Lawyers, is a team of almost 100 professionals dedicated to fighting for justice for those how have been injured or killed in Florida.

Bruce L. Scheiner still hand selects each case the firm represents. Together with his wife Cheryl, who runs the office, and son, Preston J. Scheiner, who is an associate attorney, the Scheiner team is dedicated to getting you and your loved ones the compensation you deserve.

After four decades of service in Southwest Florida, there promise to you is simple: at Associates and Bruce L. Scheiner, Personal Injury Lawyers, you'll pay nothing unless we win.

Look for the new toll-free hotline throughout Southwest Florida, on billboards, on television, in the yellow pages and online.

Continue reading "Florida injury lawyers debut 1-800-Dial-BLS, for car accident, motorcycle accidents, truck accidents and other personal injury questions in Southwest Florida" »

Nursing home neglect and elder abuse is in the news is Southwest Florida after the second serious incident in less than a month.

Florida personal injury attorney Bruce L. Scheiner, founder and senior attorney of Associates and Bruce L. Scheiner, Personal Injury Lawyers, provided advice to FOX4 news viewers on Friday after the station reported the rape of an elderly Alzheimer's patient in a Lehigh Acres nursing home.

The woman was reportedly raped by a resident who had previously been caught fondling the patient and warned to stay away from the women, according to the report from the Lee County Sheriff's Office.

"The nursing home has an absolute obligation to report a crime as soon as they become aware of it," Scheiner said. "People put their loved one in a nursing home to provide a safe environment."

A separate incident occurred in January at a different facility and resulted in the death of a 72-year-old resident after he was reportedly smothered by an 87-year-old man in the Alzheimer's unit.

Scheiner said intent often factors into whether someone committed a crime and circumstances can be complicated by Alzheimer's and other aging issues. But the home has an obligation to provide its residents a safe environment -- just as they are required to do with an aging resident in danger of wandering away.

"It wouldn't be appropriate to allow them to wander down the street and drown in a pond or get hit by a car," Scheiner said.

Scheiner suggests people looking at nursing homes tour the facility, talk to employees, speak with outside doctors familiar with local nursing homes and check state websites for incident and inspection reports.

Florida's Agency for Health Care Administration offers a statewide nursing home guide, watch list, and other information useful in making such decisions. Click here for more information.

"There are some very, very good nursing homes," Scheiner said. "But there are also nursing homes where I would not want one of my loved ones to step foot inside."

FOX4's interview with Bruce L. Scheiner airs Friday Feb. 6 at 10 p.m. throughout Southwest Florida.

Continue reading "Bruce L. Scheiner interviewed about nursing home care, elder neglect and abuse in Southwest Florida" »