August 2, 2010

Jacksonville Nursing Home Loses License

Some people writing into News4Jax.com say it is about time. The Glenwood Nursing Center, in the Arlington section of Jacksonville, has lost its license to operate after receiving poor reviews from the state. The Florida Agency for Health Care Administration revoked the license after years of poor reviews. That means 106 residents will need to find a new place to live by the time the facility closes its doors for good on August 26.

A report card from May gave the center poor grades for quality of care, quality of life, and dignity. The report card says the center doesn’t do a good enough job of preventing residents from hurting other patients and themselves. Lawyers representing the owner of Glenwood have filed an appeal to extend the deadline.

Relatives of the residents who talked to News4 seemed surprised that the doors will close and said they never saw any problems. Lois Craig says she never felt her husband, Gordon, was in any danger at all. “To move him would be awful because I don’t know what to do next.”

Florida residents have a right to be protected from harm, both mental and physical, according to Florida Statute 440.022(O). The facility must do more than provide care. Some of the duties of a nursing home include protecting patients from other patients who tend to act out. That can be one unfortunate result of dementia.

Reportedly over the years, the facility has not removed the violent offenders from the general population. In some cases, patients acting out have been reported to use their wheelchairs to hurt others. A failure to intervene is an indication of negligence in the training of employees which usually begins at the top. The state was also alarmed at the number of falls some of the elderly experienced, including multiple falls, which can lead to broken bones and a lifetime of pain and disability.

Thankfully the state has finally agreed to intervene. If you or a loved one believe that abuse and neglect is occurring in a nursing facility, and especially if the owners or supervisors don’t seem to be responsive, an experienced Florida nursing home abuse attorney may be your best avenue to have an unacceptable situation resolved. It is important to speak with us as soon as you suspect a loved one might be in danger to get them out of harm’s way. You are also advised to gather whatever evidence you can. Our doors are always open for a comprehensive and complimentary consultation.

April 14, 2010

Lake Worth Nursing Home Accused of Racketeering, Inadequate Resident Care

A lawsuit filed against a Lake Worth nursing home accuses it of defrauding Medicare and Medicaid while it provided inadequate treatment to residents. The suit is filed on behalf of a former 83-year-old patient by her son and attorney. They hope to gain class action status and have included the names of more than two dozen other patients.

The lawsuit claims that patients were kept until they developed other diseases and then the nursing home, Lake Worth Manor, would use those ailments to restart government payments. Millennium Management LLC and Horizon Staffing are also named as defendants in the action which was filed in U.S. District Court in Miami. Also named was the head nurse, who was arrested last October for operating an unlicensed assisted living facility elsewhere in Florida. The 83-year-old woman allegedly developed disfiguring ulcers on her heels before she was taken out of the facility.

Nursing Homes
Lake Worth Manor is a for-profit nursing home with a one-star rating. That ranking is given by the Florida Agency for Health Care Administration and puts it at the bottom 20 percent of all nursing home in the state for safety and health compliance with regulations. Lake Worth Manor has also reportedly spent 31 days on a Florida watch list. Medicare ranks the home with two out of five stars.

The best star ranking in the state is five, which means the facility is ranked 81 percent to 100 percent of all the facilities in the region. When considering a nursing home for your loved one, look at whether it is for profit or not-for profit. The latter category tends to have a higher level of care.

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December 26, 2008

Nursing Home Moves Man’s wife 1,000 miles away

This is an incredible story and sounds like it could result in a lawsuit for violating the rights of the elderly.

A St. Augustine, Florida man says that on Christmas Eve, his 65-year-old wife was moved to an Illinois nursing care center in Elmwood, without his approval or knowledge. Viola Jane White, 65, has been a patient at Kindred Hospital in Green Cove Springs, west of Jacksonville. She needs dialysis and a ventilator to live. Christmas eve, William White got a call from the hospital that his wife had been flown to Illinois.

What angers him is that the hospital staff decided that they didn’t need her husband’s approval to go.

"They said she agreed to it. She can't even sign her name. She don't know what day it is," White said to First Coast News. White got a letter last September stating that his wife’s Medicaid and Medicare benefits would be exhausted by mid-November. In order to stay at Kindred Hospital, White would have to come up with $1,000 a day.

But a federal program to serve the elderly should not be dictated by state. White says he was told the only option for his wife was to move out-of-state so she could receive Medicaid and Medicare.

"I said I don't agree to send my wife 1,000 miles away. I'm 72 years old!" White said, adding that he doesn't know when he'll get to see her again.

Professional intervention is needed here. Patients and their families express their wishes in writing to a nursing home or care facility and to violate those wishes, whether they be end of life issues or basic rights to fair and decent treatment cannot and should not be violated without consequences.

If you or someone you know has been the victim of nursing home abuse in Florida, contact the experienced attorneys at Farah and Farah today for a free consultation of your case.

November 13, 2008

Choosing Home Health Care Aides

Frequently our Florida Elder Neglect attorneys are asked whether hiring a home health aide to watch over an elderly loved one, in our home or theirs, is a good idea and what should someone look for.

You should treat the hiring of a home health care person with the same scrutiny as you would for your child.

First – consider what the home health care person is doing for your loved one.

If this person will be responsible for medically-related duties, he or she should be a licensed, certified nursing assistant, or CAN, who will be regulated by a state agency.

A CNA can work for a home health agency. Find out more about their qualifications: or call 850-245-4567.

However, if this person is hired to provide housekeeping, cooking and non-medical services, you may need to conduct your own background check.

In Florida, California, Connecticut, and at least 19 other states, non-medical home health care aides are not required to be licensed, certified nor regulated by a state agency. Criminal background checks are not required.

And that’s where the problems have come in. Stories of nursing home abuse in Florida and neglect of elderly patients in Jacksonville have been in the news, as have stories of identity theft or the theft of personal belongings, drugs or cash.

Be aware that most abuse and neglect cases involve non-medical aides hired to help around the house and that most victims are afraid to report the abuse.

If you are looking for a reputable, reliable home health care person, it’s probably a safer bet to go through an agency; however, be sure to ask the agency what background checks have been done and be sure they include, at a minimum, a state police criminal background check.

Make sure that the agency has run a national criminal database check to the extent it is possible. Some agencies do not have that authorization.

A Medicare or Medicaid home health agency requires training of at least 75 hours and an evaluation program. A licensed-only agency may require additional training above at least 40 hours or a competency test given by the agency.

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