Florida Nursing Home Sued For Gross Negligence, Deceptive Advertising
A Florida nursing home is the subject of a wrongful death lawsuit after an 84-year-old woman died “prematurely” of complications related to multiple slips and falls. At the heart of the allegations is whether or not the assisted living facility was able to provide the medical services they offered. According to the plaintiffs, the facility was outfitted for memory care patients. However, the family claims that the facility did not provide adequate memory care services which resulted in the premature death of their loved one.
Two daughters paid an assisted living facility $7,000 a month for specialized memory care services. The mother was flagged as a slip and fall risk prior to her admission there. In the five months that she was admitted to the assisted living facility, she suffered 25 falls. Several of these falls required emergency treatment. In the months after the family filed the lawsuit, the facility has deleted some of the claims it makes to prospective residents and their families. The nursing home has not filed a response to the lawsuit and is not responding to requests for comment. The lawsuit has been filed in federal court due to multiple complaints against the same facility. The company has facilities across the U.S.
The aforementioned lawsuit has been filed in Florida. However, the same facility was stripped of its right to operate in Vermont after making several claims about the quality of their care that they could not support. The facility specifically made claims that it could help individuals at any stage of memory care, but was not licensed to operate a full nursing home or provide those services in the state. The company was eventually fined and agreed to cease all operations in the state.
The company did the same thing, however, in Florida. Advertising itself as a full memory care facility, the company was not licensed to provide full-time nursing to patients. Instead, they were licensed as a “supported residential care facility” which has specific limitations on the type of care it can provide. In this case, the facility was taking patients illegally, making advertising claims that it was statutorily prevented from providing, and worse, providing negligent care that resulted in the premature death of one of their patients.
This is a gift-wrapped winner for the plaintiffs, but the price is quite high. The plaintiffs are suing over the death of their mother, who suffered two falls in the same day, one of which caused a subdural hematoma that resulted in her death. Because the facility lied about their qualifications, took a patient that they were legally prevented from providing care to, and failed to act after numerous injuries, they may be found guilty of gross negligence, willful misconduct, making false advertising statements, and breaching their contract with the family.
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If you’ve lost a loved one to negligent nursing, call the Miami personal injury attorneys at Payer Law today to schedule a free consultation and learn more about how we can help.