Some believe it’s due to the corporatization of nursing care.

One such company, Consulate Health Care operates 210 nursing homes in over 21 states. Several of those are right here in Florida. These homes have been targeted in lawsuits by private citizens and the government and fined thousands of dollars for unsanitary or unsafe conditions and poor standards of care.

Recently, a Florida judge tossed a $347 verdict against the company brought about by whistleblower Angela Ruckh who named a litany of offenses that the large conglomerate committed across their nursing homes, including defrauding Medicare and Medicaid with inflated charges. The verdict was thrown out because the judge didn’t necessarily believe that news of the violations and fraud would prevent the government from contracting with Consulate.

As ludicrous as that sounds, he has a point.

Florida has a long and sordid history of not punishing doctors or organizations that have been found in violation of basic medical standards and instead insulating them from making their victims whole.

Meanwhile, a Sarasota nursing home operated by Consulate was fined $26,000 and put on the state’s “watchlist” after failing to notify a patient’s daughter that her mother’s condition had worsened in their care. Her mother’s condition was not considered terminal when she was admitted to the facility.

The Shell Game

Consulate operates these nursing homes as a conglomerate, but each individual nursing home is held in its own series LLC. A series LLC, colloquially referred to as a shell company, isolates the assets of one company from another. Despite the fact the Consulate is making billions each year from the operation of these nursing homes, each of the individual nursing homes does not appear to be bringing in a great deal of money. This is by design.

In addition, Consulate itself is owned and operated by a larger corporation called Formation Capital. The individual nursing homes pay “rent” and other fees to Consulate or Formation Capital, moving the assets out of the LLC and into another company where they cannot be sued by an injured patient.

For example, let’s say that I’m a landlord and I own three houses. If one house causes a serious injury to my tenant, that tenant can sue me in a personal injury lawsuit for as much as they please, but only if all of those properties are held in my name.

If I’m a smart landlord, I can create a series LLC for each individual asset. This protects both me and my other assets. An injured party can’t sue me personally because I don’t own the house. The house is property of the LLC. They can sue the LLC, but they can’t go after my other assets.

As of today, one out of every nine nursing homes operating in Florida is owned by Consulate.

Contact Us for More Information

If you or someone you love was injured by a negligent nursing home, contact the Miami attorneys at the office of Alan Goldfarb, P.A. We can get started on your case right away.

Resources:

mcknights.com/news/whistleblower-with-millions-at-stake-will-appeal-consulate-false-claims-overturned-verdict/article/764154/

heraldtribune.com/news/20180524/florida-fines-sarasota-nursing-home-26000

In a case in which it can be shown with incontrovertible videographic evidence that nursing home staff are abusing a patient, the lawyer’s job is very easy. But most of the time that doesn’t happen. Staff at the hospital who are treating patients abusively tend not to offer up that information to lawyers or even other staff. With patients who may be suffering from dementia or other cognitive problems caused by age, it’s difficult to identify cases of abuse let alone litigate them.

This has inspired many concerned family members to bug their parent’s room with hidden cameras. The results have been upsetting, if not altogether surprising.

Most Cases of Nursing Home Abuse are More Subtle

The cases that get the most amount of press are those in which staff physically assault patients. More often than not, however, nurses and hospital personnel simply fail a very basic standard of care. This can also lead to injuries and, in some cases, deaths as well.

In legal terms, this means that the nursing home is negligent in their duties toward their patients. When this results in injury or death, the nursing home can be held liable. These sorts of cases happen far more often than the ones that get airtime on local news stations.

This has led Florida legislators to consider outfitting nursing homes with cameras. Six states already allow video monitoring of nursing homes. One of those states, Maryland, was ground zero for the initiative. The measure that passed allowed residents the right to install video cameras in their rooms. Nursing homes were not allowed to refuse a patient admittance simply because they wanted to install a video camera in their room.

A Question of Privacy

One of the largest obstacles to so-called “Grannycam” legislation is the lingering question of patient privacy. For instance, what if one resident wants video surveillance, but they are paired with a roommate who does not? The Maryland Bill says that both patients must be in agreement over the video camera.

Health Officials opposed to the bill say that it endangers the trust between a caregiver and their patient and is an invitation to lawsuits. They also claim it would make staffing nursing homes more difficult. Advocates say that those who are performing their duties appropriately and not abusing residents would have nothing to fear.

In 2012 a Florida resolution to allow nursing home patients the option of installing a camera in their room died in a subcommittee. Since then, no attempts have been made to revive a similar bill.

Contact Us For Help Today

If your loved one was injured or killed in a nursing home, we can help. Don’t hesitate to reach out to the Miami attorneys at the office of Alan Goldfarb, P.A. for immediate assistance with your case.

Resources:

local10.com/news/local-10-investigates/hidden-cameras-show-apparent-abuse-inside-south-florida-nursing-homes

abcnews.go.com/GMA/story?id=127269&page=1

Federal Law Mandates Immediate Reporting of Nursing Home Abuse

Under 42 U.S.C. 1320b–25, a federally-funded nursing facility must report any incident of abuse to law enforcement within two hours of learning about the incident when there is evidence that a resident or staff member has been seriously harmed. The Inspector General’s report found no evidence that local law enforcement was properly notified in 28 percent of abuse cases.

And it is likely that this percentage is much higher because investigators could only rely on cases where a resident of a nursing home was treated at an emergency room. This means a resident who has been abused within the walls of the nursing home and treated at the nursing home is not included in this report, according to the Consumerist.

Failure to Exercise Authority

CMS has had the power, since 2011, to levy fines against nursing homes who have been found to abuse their residents. In fact, CMS can levy a penalty totaling hundreds of thousands of dollars for violating federal law and failing to report an abusive incident with a resident. However, CMS has yet to exercise this authority on any nursing home facility in the six years since receiving this power. CMS claims it still requires further directives to implement an enforcement protocol.

How a Miami Nursing Home Abuse Attorney Can Help You or a Loved One

If you or a family member is being abused or neglected at a nursing home facility in Miami, it is critical that you speak to an experienced attorney right away. A lawyer can report the nursing home abuse to local law enforcement and take the necessary steps to protect your legal rights. This is important because it is quite common for facilities to “lose” abuse reports.

In a nursing home abuse case, your attorney will send notice to the nursing home of your claim and give the management team at the nursing home an opportunity to respond. The nursing home may be open to settling. If not, having an experienced attorney on your side will help ensure a lawsuit is filed in a timely manner and the lawyer can handle all pre-trial matters to effectively build your claim.

Speak to a Miami Nursing Home Abuse Lawyer Right Away

The Miami lawyers at the office of Alan Goldfarb, P.A. take pride in being skilled trial lawyers who are not afraid to take a case to court and present the facts to a jury. Our law firm has access to a cadre of expert medical witnesses who can testify in court and the resources to fully investigate the nursing home.

Resources:

consumermediallc.files.wordpress.com/2017/08/nursinghomereport.pdf

consumerist.com/2017/08/28/more-than-1-in-4-nursing-home-abuse-cases-may-go-unreported-to-police/

According to CNN eight residents, aged 71 – 99 died at the Rehabilitation Center at Hollywood Hills following a prolonged power outage following Hurricane Irma.

One resident died late Tuesday at Rehabilitation Center at Hollywood Hills and was taken directly to a funeral home. Three more were found dead on the second floor of the facility after rescue units were called in. Four more died in hospitals after the sweltering facility was evacuated Wednesday morning in a chaotic blur of events that prompted checks of other nursing homes in the area.  Temperatures reached the 90s Tuesday in Hollywood; by Wednesday the heat index was near 100 degrees.

Despite Memorial Regional Hospital being just across the stress from the facility, not one elderly resident was evacuated to the hospital pre-hurricane.  It was not until 3am on Wednesday after the first resident went into cardiac arrest that the facility called 911.  A second resident and a third needed critical treatment within hours of the first call.  Firefighters returned to the facility and evacuated 158 residents from the nursing home after that.

All the facility had to do to get these residents to safety was to pick up the phone and call 911.

Governor Scott has launched an investigation into this traffic case.  The Florida’s Agency for Health Care Administration and the Department of Children and Families have also launched investigations.

This nursing home has had a list of safety violations and citations, including two for not following generator regulations in 2014 and 2016. In both instances, the nursing home corrected these deficiencies.  After this week we know that the corrections to these deficiencies were only temporary and persisted to September 2017.

If evidence is found by these investigations that abuse or neglect occurred, appropriate action will be taken by the State against the nursing home.  But that does not make up for the harm that these residents had to endure. Filing a personal injury lawsuit can get the financial compensation that he or she deserves for the harm that was suffered at the hands of his or her care providers for their negligence.

If you are a concerned relative or friend of an elderly person you believe suffered at the Rehabilitation Center at Hollywood Hills or any other nursing home following Hurricane Irma, we recommend that you contact our office and speak with a member of our legal team.

The law office of Alan Goldfarb, P.A., brings extensive experience to personal injury victims throughout South Florida. Our firm has more than 45 years litigating nursing home neglect and elderly abuse cases and knows how to maximize the resources available to obtain optimal results. Our Miami elder abuse attorneys provide a full-service approach to each client and his or her needs. We combine thorough preparation with aggressive advocacy, using our knowledge and experience to help you seek full and fair compensation for your losses.

You may contact Alan Goldfarb at 305-371-3111 or toll free at 866-936-9761 and we will advise you and your loved ones of your legal options.

Source:

http://www.cnn.com/2017/09/13/health/florida-nursing-home-deaths/index.html