Miami Florida Nursing Home Abuse Lawyers

Miami Florida Nursing Home Abuse LawyersOur Miami nursing home abuse attorneys have recognized a significant rise in the number of criminal and civil cases involving mistreatment, neglect and abuse and nursing facilities throughout southeastern Florida. Unfortunately, many more incidences of abuse go undetected and unreported because the victim is unwilling or unable to discuss what happened.

Out of the more than 413,000 individuals living in within the Miami Florida city limits, nearly 59,000 are retirees ages 65 years and older. The number is even higher when including elderly residents of Miami-Dade County. The total number of seniors has risen sharply over the last few decades as many more individuals have moved to the southern areas of the Sunshine State in search of better weather, nicer climate and access to the Atlantic Ocean and Key islands.

Unfortunately, the increased population has placed a harsh demand of the number of skilled nursing facilities throughout southern Florida including nursing homes located in Miami. The overcrowding at many of these facilities and a limited number of nursing professionals available for hire in the community has caused a significant rise in cases involving abuse and neglect by overwork or unappreciated nursing staff members.

Miami Florida Nursing Home Resident Safety Concerns

The nursing home neglect attorneys at Rosenfeld Injury Lawyers LLC have legally represented many nursing home residents who are victimized by caregivers or others in nursing homes throughout Florida. Our Miami elder abuse lawyers have reviewed many of the publicly available records of those injured or harmed at many facilities in the Miami Metropolitan area. We post this information below to assist families who must place their loved one in the hands of professional caregivers and detail the opened investigations, filed complaints and safety concerns that are most alarming.

Comparing Miami Area Nursing Facilities

Our Miami Florida nursing home attorneys have listed the numerous facilities below that currently maintain “average to below average” ratings as posted in the national Medicare.gov database. Our lawyers have listed the primary concerns involving accident hazards, facility acquired bedsores and lack of professional standards that resulted in injury or harm to one or more residents.

Information on Florida Nursing Home Abuse & Negligence Lawsuits

Our attorneys have compiled data from settlements and jury verdicts across Florida to give you an idea as to how cases are valued. Learn more about the cases below:

East Ridge Retirement Village Inc.
19225 SW 87th Ave.
Cutler Bay, FL 33157
(305) 238-2623

A “Not for Profit” 60-certified bed Medicaid/Medicare-participating facility

Overall Rating – 3 out of 5 possible stars

3 stars rating

Primary Concerns –

Failure to Follow Established Protocols to Ensure the Prevention of the Spread of Infection in the Facility

In a summary statement of deficiencies dated 09/04/2015, a notation was made during an annual licensure and certification survey by a state investigator concerning the facility’s failure to “follow infection control standards for not washing hands after wound care dressing removal and failed to dispose of discarded wound care dressing in a biohazard bag.” This deficient practice directly affected one resident but has the “potential to affect all residents receiving wound care at the facility.”

On 09/03/2015, state surveyor interviewed a facility LPN in charge of providing care to a resident where “she confirmed that she had placed the old ruler on [the resident’s] bedsheet after was utilized for the measurement of the sacral ulcer. She acknowledged that there were infection control concerns with her wound care procedure.”

Our Miami nursing home abuse attorneys recognize that the nursing staff failed to provide minimal standards of care and did not follow the facility’s 09/29/2009 policies concerning wound care management and treatment that states “it is the policy to follow the physician order as indicated for wound care and treatment, in order to maintain the highest practical level of care for the resident and promote healing.” This deficient practice of substandard care by the nursing staff might be considered negligence.

Heartland Health Care Center Kendall
9400 SW 137th Avenue
Kendall, FL 33186
(305) 385-8290

A “For-Profit” 120-certified bed Medicaid/Medicare-participating facility

Overall Rating – 2 out of 5 possible stars

2 stars rating

Primary Concerns –

Failure to Provide Residents an Environment Free of Accident Hazards That Led to a Resident Being Struck by a Vehicle

In a summary statement of deficiencies dated 07/22/2015, a complaint investigation against the facility was opened for its failure to “provide adequate supervision to [2 residents] reviewed for accidents.” The complaint investigation was initiated after an observation on the day of the survey when a resident “was in a wheel chair pushed by a family member in the area of the facility parking lot not designated for residents. The resident was struck by an automobile, injured and transported to the hospital.” In a separate incident, another resident “was left unsupervised in the Unit main dining room.” The resident was injured resulting in “a hip fracture, hospitalization and surgery.”

Our Miami elder abuse attorneys recognize that any failure to provide adequate supervision to ensure the well-being and safety of residents might be considered negligence or mistreatment. Additionally, the deficient practices of a lack of supervision does not follow the established procedures and protocols adopted by the facility and violates both state and federal regulations.

Heartland Health Care Center Miami Lakes
5725 NW 186 Street
Hialeah, FL 33015
(305) 625-9857

A “For-Profit” 120-certified bed Medicaid/Medicare-participating facility

Overall Rating – 2 out of 5 possible stars

2 stars rating

Primary Concerns –

Failure to Follow Established Protocol to Prevent the Spread of Infection in the Facility

In a summary statement of deficiencies dated 01/29/2015, a notation was made during an annual licensure and certification survey by a state investigator concerning the facility’s failure to “ensure infection control practices on transfer of disinfected glucometer to a clean surface.” This deficient practice involved a nurse “observed during medication administration and hand washing before entering resident’s room.”

A state surveyor in an observation of medication administration on 01/28/2015 made a notation that a nurse placed a “glucometer on the resident’s night stand after use. Nurse then opened sanitizing wipe and cleansed glucometer. The glucometer was then placed back on the resident’s nightstand. Nurse then wrapped glucometer with glove and carried it to the medication cart” in violation of established protocols and procedures at the facility.

In a separate incident, another nurse of the facility was observed during medication administration on 01/29/2015 when entering a resident’s room and did not wash hands, she placed gloves on and administered medication mixed with applesauce by mouth to resident.”

Our Miami nursing home neglect attorneys recognize that the nurse failed to follow established policies at the facility including the December 2009 policy titled: Policy and Procedure of Hand Hygiene that indicates “when to wash hands or using alcohol-based hand rub before applying and after removing gloves. We recognize that any deficient practice that does not follow protocols and procedures that could spread infection to one or more residents might be considered negligence or mistreatment of the resident.

Memorial Manor
777 South Douglas Road
Pembroke Pines, FL 33025
(954) 276-6200

A “Government Owned and Operated” 120-certified bed Medicaid/Medicare-participating facility

Overall Rating – 3 out of 5 possible stars

3 stars rating

Primary Concerns –

Failure to follow protocol and Provide Proper Treatment to Help Existing Bedsores Heal

In a summary statement of deficiencies dated 02/20/2015, a notation was made by a state surveyor during an annual licensure and certification survey involving the facility’s failure to “ensure a resident having a pressure sore receive necessary treatment and services to promote healing and preventing worsening of the wound.” The deficient practice was noted because of evidence of a “failure to provide pressure relieving wheelchair cushion, when the resident is in her wheelchair.” This failure directly affects one resident at the facility who was reviewed for pressure ulcers.

On 02/19/2015, the state surveyor conducted an interview with the facility’s wound nurse who stated “she informed the Physician Assistant this week and there was no change in the wound but the wound was also not healing. She did not tell the Physician Assistant that the wound had grown and was now a stage III (deeper than the skin).” During the interview, the wound nurse “confirm she did not consider adding a cushion to be used in the bottom of the wheelchair although she was aware [the resident] likes to be up in the wheelchair during the day.”

Our Miami nursing home abuse attorneys recognize that any failure to provide proper treatment to help in the healing of an existing bedsore might be considered negligence or mistreatment of the resident. In addition, the deficient practice directly violates rules and regulations enforced by federal and state nursing home regulatory agencies.

Signature Healthcare of Brookwood Gardens
1990 S Canal Drive
Homestead, FL 33035
(305) 246-1200

A “For-Profit” -certified bed Medicaid/Medicare-participating facility

Overall Rating – 2 out of 5 possible stars

2 stars rating

Primary Concerns –

Failure to Follow the Resident’s Written Plan of Care That Led to Actual Harm

In a summary statement of deficiencies dated 11/21/2014, a notation was made by a state surveyor during an annual licensure and certification survey involving the facility’s failure to “follow care plans for [2 residents reviewed for unnecessary medications and 2 residents reviewed for pressure ulcers and 2 residents reviewed for nutrition].” The deficient practice was noted in part due to actual harm for a resident “related to the severe unplanned weight loss in a resident who already experienced impaired nutrition.”

Additionally, the deficient practices also include a resident “related to the development of an unstageable pressure ulcer related to suspected deep tissue injury” [… and the review of another resident’s] medical record showing “physician’s orders” stating that the resident’s left heel is to be cleaned with skin prep and left open to air until resolved and the resident is to wear heel protectors on both heels while she is in bed.” Upon observation, the state surveyor noted significant failures by the facility to follow resident’s plan of care which led to actual harm.

Any failure to follow a resident’s plan of care that leads to actual harm might be considered negligence, mistreatment or abuse. Additionally, the facility’s deficiency practices of providing residents unnecessary medications, lack of quality care to treat pressure ulcers and failure to treat a resident suffering unplanned weight loss directly violates established protocols and procedures enforced by federal and state nursing home regulatory agencies.

Oceanside Extended Care Center
550 9th Street
Miami Beach, FL 33139
(305) 531-3321

A “For-Profit” 196-certified bed Medicaid/Medicare-participating facility

Overall Rating – 3 out of 5 possible stars

3 stars rating

Primary Concerns –

Failure to Provide an Environment Free of Physical Abuse and Failure to Report an Allegation of Abuse within 24 Hours to the Proper State Agencies

In a summary statement of deficiencies dated 08/06/2015, a complaint investigation against the facility was opened for its failure to “implement its policy regarding reporting allegations of abuse within 24 hours.” This deficient practice involved in a physical confrontation between residents “on the patio where [one resident] struck [the other resident] in the face three times.” One employee at the facility witness the event. A review of the 07/02/2015 nursing notes indicated that one resident “stated that she and another resident got into a fight in the facility’s lobby overnight. The resident said nobody witnessed it and the other resident hit her. When staff assessed her, bite mark was noted on her upper left arm.”

A 08/06/2015 interview was conducted at 10:11 AM with the facility’s Risk Manager and Director of Nursing revealing “they indicated they were still investigating the 08/05/2015 incident and said they had to report it today. At 11:03 AM, the [Risk Manager] said they treated both the 07/02/2015 alleged incident and the 08/05/2015 incident as resident to resident abuse, but denied having reported either allegation/incident. They both indicated having not reported the 07/02/2015 allegation because it did not happen.”

State and federal laws enforced by nursing home regulatory agencies state that all cases of abuse and allegations of abuse “must be reported Administration (AHCA) within 24 hours of notification.” Our Miami nursing home abuse attorneys recognize that the deficient practices of not reporting an allegation of resident to resident abuse and an incident of abuse witnessed by an employee might be considered neglect by the nursing staff, supervisor, managers and the administration.

St Anne’s Nursing Center
11855 Quail Roost Drive
Miami, FL 33177
(305) 252-4000

A “Not-For-Profit” 213-certified bed Medicaid/Medicare-participating facility

Overall Rating – 2 out of 5 possible stars

2 stars rating

Primary Concerns –

Failure to Follow Established Protocols and Procedures to Minimize the Potential Spread of Infection throughout the Facility

In a summary statement of deficiencies dated 07/10/2015, a notation was made by a state surveyor during an annual licensure and certification survey involving the facility’s failure to “ensure that nursing staff utilized proper infection control techniques during medication administration for [2 residents] sample for Accuchecks.” The deficient practice “have the potential to affect 72 diabetic residents who currently require Accucheck monitoring.”

The notation was made after a 07/06/2015 to 12:23 PM observation of a staff member entering a resident’s room and removing a “glucometer machine from a blue lunchbox, and check the resident’s blood sugar using the glucometer after the procedure [the nursing staff] place the glucometer back in the blue bag without cleaning the glucometer” in direct violation with established procedures adopted by the facility.

On the same day at 12:34 PM, the same staff member entered another resident’s room “remove the machine from the blue box and check the resident’s blood sugar using the glucometer, after the procedure [the staff member] place a glucometer back in the blue bag without cleaning the glucometer” increasing the potential of spreading infection throughout the facility.

The state surveyor conducted an interview with the facility’s Director of Nursing on 07/10/2015 to reveal the nurses were expected to clean the glucometer before and after checking the blood sugar for each resident. The Director of Nursing confirmed that the nurse should have cleaned glucometer before and after she checked [the blood sugar levels of both residents].”

Not following established protocols and procedures when providing care and services to residents increases the potential of harm should any case of infection spread throughout the facility. Our Miami nursing home neglect attorneys recognize that this deficient practice might be considered negligence or mistreatment.

Riviera Health Resort
6901 Yumuri Street
Coral Gables, FL 33156
(305) 926-0960

A “For-Profit” 223-certified bed Medicaid/Medicare-participating facility

Overall Rating – 1 out of 5 possible stars

1 star rating

Primary Concerns –

Failure to Follow Established Procedures and Protocols When Administering Medication through an Enteral Feeding Tube

In a summary statement of deficiencies dated 07/01/2015, a state surveyor made a notation during an annual licensure and certification survey concerning the facility’s failure to “ensure that one registered nurse demonstrated proper technique for enteral feeding tube placement prior to medication administration.” This deficient practice directly affected one resident at the facility” but has the “potential to affect five residents currently receiving medications via an enteral feeding tube.”

This failure was observed on 06/29/2015 during the administration of medication by a staff Registered Nurse (RN) Staff member who “entered [the resident’s] room, washed her hands, pull the curtain to provide privacy, turned off the feeding tube and started to administer the medications through the enteral feeding tube without checking for placement of the tube.”

On 06/30/2015, the state surveyor interviewed the facility’s Director of Nursing “who confirmed” enteral feeding tube should be checked before medication administration [… and] that all the nurses know that they were expected to verify placement of an enteral feeding tube prior to medication administration.

Our Miami nursing home neglect lawyers recognize that the deficient practice could have placed the health and well-being of the resident in jeopardy and might be considered negligence by the nursing staff. This deficient practice directly violates the established procedures and protocols adopted by the facility in their January 2013 policy title: Medication Administration through Enteral Tube stating, “Medications are administered as prescribed in accordance with standard nursing principles and practices only by staff qualified and authorized to do so.”

Signature Healthcare Center of Waterford
8333 W Okeechobee Road
Hialeah Gardens, FL 33016
(305) 556-9900

A “For-Profit” 214-certified bed Medicaid/Medicare-participating facility

Overall Rating – 3 out of 5 possible stars

3 stars rating

Primary Concerns –

Failure to Follow Established Protocols and Procedures to Minimize the Potential Spread of Infection throughout the Facility

In a summary statement of deficiencies dated 08/27/2015, a notation was made by a state surveyor during an annual licensure and certification survey involving the facility’s failure to “follow infection control procedures during handwashing resulting in the potential for cross contamination.” This deficient practice directly affected one resident at the facility.

The notation was made after an observation of the facility’s failure “to accurately implement contact precautions [for a resident].”

An interview with the facility’s Director of Nursing in August 2015 regarding PPE (personal protective equipment) administration for staff to take necessary contact precautions for infected residents revealed “that the facility’s expectation was that a stop sign was on the door for a resident on contact precautions. The nurse would enter the room of the resident on contact precautions, wash your hands and then donned the personal protective equipment from the PPE box which was in the resident’s room. The Director of Nursing confirmed that the personal protective equipment was placed on by the staff after entering the room for the residents on contact precautions.

The deficient practice of not following protocols when handling infected residents places the health of other residents and employees at risk. Our Miami nursing home attorneys recognize that the failure of the staff to take necessary precautions by following established protocols violates established policies adopted by the facility including a policy title: Focusing on Prevention: Contact Precautions and Personal Protective Equipment (PPE) that states “barrier precautions are critical to prevent transmission from the patient to the healthcare worker and other patients. PPE must be donned before going into the room or cubicle and discarded before exiting the patient’s room/cubicle.”

Victoria Nursing & Rehabilitation Center, Inc.
955 NW 3rd St
Miami, FL 33128
(305) 548-4020

A “For-Profit” 264-certified bed Medicaid/Medicare-participating facility

Overall Rating – 3 out of 5 possible stars

3 stars rating

Primary Concerns –

Failure to Follow a Resident’s Written Care Plan That Does Not Follow Professional Standards of Care

In a summary statement of deficiencies dated 10/24/2015, a state surveyor made a notation during an annual licensure and certification survey concerning the facility’s failure to “follow medication care plans for [2 residents at the facility] sample for [receiving] unnecessary medications.” While this deficient practice directly involved to residents it had the “potential to affect the 155 residents receiving [the identical] medications in the facility at the time of this survey.”

The deficient practice was noted after a review of the resident’s June through September 2005 behavior monitoring forms that showed “checkmarks for every day of each month, signifying that monitoring was done every day on each shift and no behaviors were observed.” However, a review of the resident’s nurse’s notes through the same time. “Showed only four dates with notes documenting behaviors and the administration of [the resident’s medication. Those dates included: June 17 and 18, July 1, and July 7 of 2015. There is only one note per day, indicating only one incident per administration. There were no notes on those dates documenting the additional behaviors, nor the second administration given on June 17, 18 and July 7 of 2015.” Additionally, a review of the nurse’s notes did not document “the administered PRN [of the resident’s medication] nor observations of behaviors ordered to be monitored on any of the dates the medication was given.”

Failing to follow standard practices of care and the resident’s written plan of care directly violate established policies adopted by the facility. Our Miami Florida nursing home neglect attorneys recognize that this deficient practice might be considered negligence or mistreatment of the resident.

What to Do about Abuse and Neglect Occurring in Institutional Settings

The highest incident rate of elder abuse usually occurs where the senior citizen resides. These cases typically involve caregivers or other residents. Abuse and neglect of elders often take on obvious and not so obvious forms that include intimidation, physical assault, financial deception or neglect where the resident is provided a substandard level of medical treatment, nursing care assistance with their hygiene needs. The most common forms of elder abuse involve:

  • Physical Abuse is often recognized as non-accidental force against elderly individuals that results in impairment, injury or physical pain.
  • Emotional Abuse often includes an assault on the individual’s psyche or emotions that usually results in emotional distress or pain.
  • Verbal Abuse which could involve ridicule, humiliation, threats, yelling, intimidation, habitual scapegoating or blaming
  • Non-Verbal Psychological Abuse that could include menacing or terrorizing an elderly individual, isolating the resident from activities or friends or ignoring them outright.
  • Sexual Abuse which usually involves non-consensual contact including physical sexual actions. However, sexual abuse can also involve nonphysical activities where the individual is shown pornography or forced to watch others performing sexual acts.
  • Neglect usually involves failing to fulfill any responsibility or obligation to provide caregiving in an intentional or unintentional manner that denies the resident medical treatments, care or assistance.
  • Financial Exploitation often involves the unauthorized use of the resident’s property or funds by either an outside scam artist or caregiver/employee at the facility.

If you are resident being abused, neglected, sexually assaulted or exploited, it is essential to tell at least one individual which could include your doctor, family member, friend or attorney. Likewise, if you see a nursing home resident being neglected, abused or mistreated, do not hesitate to file a report or seek help from authorities. Never assume that others are taking care of the problem or that the individual being neglected or abused has the capacity to get help without assistance.

Hiring A Lawyer

The Miami nursing home abuse attorneys at Rosenfeld Injury Lawyers LLC have represented many victims of nursing home abuse, neglect, sexual assault and financial exploitation. Our team of dedicated southeastern Florida elder abuse lawyers can take immediate steps to intervene on your behalf to stop the abuse now. We can conduct an investigation, help relocate the abused resident and file a claim or lawsuit for financial compensation against every individual or entity responsible for the harm to provide recompense to cover the victim’s losses, damages and injuries.

We urge you to make contact with our law offices today by calling (800) 926-7565 to schedule your free, no obligation full case review. Our Miami nursing home abuse attorneys handle all cases involving mistreatment, abuse, financial exploitation and neglect on a contingency fee basis. This means you receive immediate legal services without any upfront payment. All information shared with our law firm remains confidential.

For additional information on Florida laws and information on nursing homes look here.

If you are looking for information on a specific facility or an attorney, please see links below to respective locality pages.

Client Reviews
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Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial. Lisa
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After I read Jonathan’s Nursing Home Blog, I decided to hire him to look into my wife’s treatment at a local nursing home. Jonathan did a great job explaining the process and the laws that apply to nursing homes. I immediately felt at ease and was glad to have him on my side. Though the lawsuit process was at times frustrating, Jonathan reassured me, particularly at my deposition. I really felt like Jonathan cared about my wife’s best interests, and I think that came across to the lawyers for the nursing home. Eric