Friday, October 28, 2011

Investigation Launched Into Claims of Miami Nursing Home Neglect

The Miami Herald reported yesterday on a new probe being conducting by a Miami-Dade County grand jury into claims of systematic Miami nursing home neglect.  The grand jury launched the investigation after reports were made about certain caregiving breakdown at local long-term care facilities.  The probe will target the over 900 assisted-living facilities in the county—the first time such a step has been taken under States Attorney Katherine Fernandez Rundle.  There are nearly 3,000 facilities statewide.

According to the latest reports, the investigation is being spurred by a series of journalism stories describing particularly harsh treatment at certain area nursing homes.  For example, one harrowing story was shared about a 74-year old resident who was strapped down so tightly to a bed that the restraints ripper her skin.  She ultimately died from her wounds.  All told, the Miami Herald claims that at least one local elderly resident dies every month in the county alone because of Miami nursing home neglect.

One local community member commented on the grand jury probe, calling it “great news.”  The woman, Alfredo Navas, explained that her mother was a victim of nursing home neglect.  She exaplined that her 85-year old mother suffered from dementia and was allowed to wander out of an assisted-living facility after the caretaker fell asleep and no alarms were installed.  The senile senior ultimately wandered into the surrounding area unknowingly and drowned.  She was found floating in 18 inches of water in a pond behind the facility the following day.  According to Ms. Navas, the facility in question, Isabel Adult Care III, was never investigated by the state’s Agency for Health Care Administration.  She told the paper that, “when you really think about it, there was no accountability.”

The Miami nursing home neglect lawyers at our firm know that it remains important to collect all of the evidence following each of these allegations of Miami elder abuse.  It is only after all sides are heard in a case that more reliable assessments can be made about whether or not treatment provided to a resident was up to the reasonable standards that the law demands.  Like all other potential negligence lawsuits, those stemming from claimed inadequate treatment at area senior care facilities hinge on the steps taken or not taken by the facility and its employees in relation to the specific resident injured.  Of course, there are times when facilities fail to provide a reasonable level of care or security within the home, resulting in harm to the resident.  But it is not always the fault of the facility every time a resident suffers health problems while living at a nursing home.  These legal issues are fact specific, and so it is important for all those involve to visit with a legal professional who can provide tailored advice for your specific circumstances.

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