Cape Coral Florida Nursing Home Abuse Lawyers

Cape Coral Nursing Home AttorneyOur Cape Coral nursing home abuse lawyers in the number of cases of nursing home abuse, neglect or mistreatment occurring in Southwest Florida. In all likelihood, there are many more abuse and neglect cases that are never reported to the proper authorities because victims are afraid of reprisal or family members are unaware the incidences are occurring to a loved one.

Nearly one in five of the 161,000 residents living in Cape Coral city limits are senior citizens, and tens of thousands retirees live in the surrounding communities of Port Charlotte, Punta Gorda, Fort Myers, Estero, Lehigh Acres, Bonita Springs and Naples. The number of elderly individuals has risen significantly over the last few decades due to the warmer winters, views of the Gulf of Mexico and beautiful amenities the community provides.

Unfortunately, the significant rise in the number of elderly individuals have placed a heavy burden on skilled nursing services provided at nursing homes, assisted living centers and rehabilitation facilities in Southwest Florida. The overcrowded conditions and lack of adequate staffing has compromised the level of care many nursing facilities can provide its residents. These problems have resulted in an increased number of cases involving abuse, neglect and mistreatment of some of the most vulnerable members of the Cape Coral community.

Cape Coral Florida Nursing Home Resident Safety Concerns

The Cape Coral nursing home neglect attorneys at Rosenfeld Injury Lawyers LLC provide legal representation to every nursing facility resident to ensure their rights are protected against mistreatment, abuse, neglect or financial exploitation. Our Southwest Florida elder abuse attorneys continues to review publicly available documents and investigation reports involving failures and efficient practices in nursing facilities statewide. We publish this information to assist families in need of placing a loved one in the hands of competent caregivers who provide the best services in safe and caring environments.

Comparing Cape Coral Area Nursing Facilities

Our Southwest Florida nursing home abuse attorneys have posted the list below of nursing facilities in the Cape Coral area who currently maintain below average ratings. This information was gathered from the national database released on Medicare.gov. Our attorneys have outlined their primary concerns with each facility noting cases that involve facility acquired pressure ulcers, accident hazards, preventable spreads of infection in serious cases neglect that led to injury or harm to one or more residents at the facility.

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:

Consulate Health Care of North Fort Myers
991 Pondella Rd
Fort Myers, FL 33903
(239) 995-8809

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

Overall Rating – 2 out of 5 possible stars

2 star rating

Primary Concerns –

Failure to Provide Proper Treatment and Follow the Acceptable Standards of Care When Managing a Resident’s Open Wounds

In a summary statement of deficiencies dated 09/17/2015, a state surveyor made a notation during an annual licensure and certification survey concerning the facility’s failure to “effectively assess, plan and coordinate wound care treatment for [3 residents at the facility] reviewed for skin conditions.” This deficient practice led to a failure that “contributed to treatment not being rendered and a worsening or potentially worsening of wounds.”

The notation was made the state surveyor that indicated that the facility was using verbal discussions and not documented discussions when conferring about the resident’s unstageable pressure ulcers involving deep tissue injury, which violates established protocols and procedures adopted by the facility.

In one incident, the facility’s ARNP “said she has not seen [the resident’s wounds] in a couple weeks but was told in [the report that] it was getting better. The ARNP reviewed the medical record of [the resident] and stated, looking at this, it said she has a vast improvement, but if you look at the measurements you see [the resident’s wounds] got worse.

Failing to provide necessary treatment to follow the standards of care established by the facility might be considered negligence or mistreatment of the patient, especially if the resident’s wounds are allowed to degrade.

Coral Trace Health Care
216 Santa Barbara Blvd
Cape Coral, Fl 33991
(239) 772-4600

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

Overall Rating – 1 out of 5 possible stars

1 star rating

Primary Concerns –

Failure to Ensure That the Resident with Reduced Range Of Motion Receives the Proper Treatment to Increase Their Range Of Motion

In a summary statement of deficiencies dated 04/30/2015, a state surveyor made a notation during an annual licensure and certification survey concerning the facility’s failure to “ensure [a resident at the facility] received appropriate services and coordination of care between restorative nursing and therapy related to splint use.” The deficient practice directly affected when resident. The failures for as noted upon a 04/27/2015 resident’s record review indicating the resident “has a contracture to his right leg. A contracture is defined as a condition of fixed high resistance to passive stretch of a muscle. [A staff nurse] stated that she was not the resident’s usual nurse, but the record indicated he should have an AFO [ankle-foot orthostatic] brace to his right leg when out of bed. The AFO brace is to prevent the contracture from becoming worse. [The staff nurse] also stated the resident is on a restorative nursing program and he ambulates 180 to 200 feet using a rolling walker with contact guards assist on a daily basis.”

However, the state surveyor noted that the “facility failed to coordinate care between the nurses, therapy staff and the restorative aides to ensure the resident had his AFO brace in place when out of bed in any issues or complaints related to the brace were evaluated by staff.”

Our Cape Coral elder abuse attorneys recognize that any failure to provide a resident with proper treatment services to ensure their health and well-being is maintained directly violates established protocols and policies adopted by the facility and might be seen as negligence or mistreatment.

Heritage Park Rehabilitation and Healthcare
2826 Cleveland Ave
Fort Myers, FL 33901
(239) 334-1091

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

Overall Rating – 1 out of 5 possible stars

1 star rating

Primary Concerns –

Failure to Properly Assess Residents’ Ability to Operate and Control Motorized Wheelchairs While outside the Facility Which Led to a Resident Being Struck by a Car

In a summary statement of deficiencies dated 02/13/2015, a complaint investigation against the facility was opened for its failure to “complete an assessment of resident’s ability to safely operate motorized wheelchairs for [2 residents] reviewed for accidents.” The complaint investigation was initiated after the facility’s failure “to assess residents maneuvering motorized wheelchair safely when in the community near busy highways and intersections.”

The result of this failure contributed to a resident “with a known history of impaired balance and poor safety awareness being struck by a car and sustained multiple rib, arm and leg fractures.” This failure placed this resident “and other residents independently leaving the facility in motorized wheelchairs at risk of injury.” The resident was interviewed by the state surveyor and revealed “I like going to the community. When I got hit, I was crossing in the middle of the street. He said he had not received any instructions or evaluation for safely crossing the streets on his motorized wheelchair.”

Our Cape Coral nursing home neglect attorneys recognize that any failure to conduct initial or periodic assessments of every resident’s functional capacity to operate equipment might be considered negligence or mistreatment. Additionally, it violates both state and federal regulations and does not follow the established procedures and protocols adopted by Heritage Park Rehabilitation and Healthcare.

Consulate Health Care of Port Charlotte
18480 Cochran Blvd
Port Charlotte, FL 33948
(941) 743-4700

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

Overall Rating – 1 out of 5 possible stars

1 star rating

Primary Concerns –

Failure to Provide an Environment Free of Unnecessary Physical Restraints

In a summary statement of deficiencies dated 03/19/2015, a notation was made during an annual licensure and certification survey by a state investigator concerning the facility’s failure to “ensure [a resident] was free from restraint not appropriate or care planned by the facility.” The deficient practice was noted after a 03/17/2015 3 PM observation by the state surveyor indicating that a resident was “sitting in her wheelchair with her lap buddy on. The lap buddy was tied around the back of the wheelchair into a knot.” Further observation occurring on 03/18/2015 at 10:20 AM, 11:15 AM, 1:44 PM, 3:35 PM and 4:30 PM show the lap buddy was tied into the back of [the resident’s] wheelchair the same way as it was observed [the previous day at 3:15 PM].” The state surveyor made a notation of a 03/19/2015 9 AM observation showing the resident was “sitting in her wheelchair in the television room. The lap buddy was tied around the back of the wheelchair in a knot.”

The state surveyor conducted a 03/19/2015 9:30 AM interview with a staff member indicating that the resident “had a fallen therapy is to evaluate her. She reviewed the medical record, no documentation found of an evaluation from therapy concerning [the resident’s] fall on 03/12/2015.” When they surveyor show the staff member the resident in the wheelchair with a lap tray she indicated “she does not know anything about the strep. She untied the knot [… and] said the lap tray is not to be tied in the back.” She indicated that the resident had fallen the previous week and that the nurses had talked about it as a team and “did not assess for a restraint and did not implement a restraint as an intervention.” The staff member reviewed the resident’s medical records “in it show there was no assessment for restraints.”

Our Cape Coral nursing home abuse attorneys recognize that any use of unnecessary restraints is in direct violation was state and federal regulations and might be considered gross negligence or mistreatment.

Signature Healthcare of Port Charlotte
4033 Beaver Lane
Port Charlotte, FL 33952
(941) 625-3200

A “For-Profit” 164-certified bed Medicaid/Medicare-participating facility

Overall Rating – 1 out of 5 possible stars

1 star rating

Primary Concerns –

Failure to Follow Protocols and Procedures to Prevent the Spread of Infection throughout the Facility

In a summary statement of deficiencies dated 06/04/2015, a state surveyor made a notation during an annual licensure and certification survey concerning the facility’s failure to “follow physician’s orders [for five residents at the facility] identified as being on contact precautions for infectious diseases. In addition, the facility failed to maintain the laundry area in a clean and sanitary manner to prevent contamination of resident limits.”

The deficient practice was noted after an 8:15 AM 06/01/2015 observation when the facility staff was seen “delivering practice tracer residents in C wing [in six different rooms where] protection equipment (gloves and gowns) [were] hanging on their room doors. Staff were into [3 of those rooms] caring breakfast trays and [putting] them on bedside tables without putting on a downer gloves.”

The state surveyor conducted an interview with the facility’s licensed practical nurse in charge on 06/01/2015 where she said “the room with a gown and gloves hanging on the door are residents in isolation and the required protection equipment should be worn as per facility policy. Each staff member is required to know what precautions are in place prior to entering the room.”

Additionally, two days later on 06/03/2015, a staff member “was observed pushing [a resident identified as being on contact precautions for an infectious disease] in his wheelchair down the hall back to the therapy gym and holding onto the pole with the feeding pump attached. [That staff member] and the resident were not wearing a gown or gloves.” Minutes later “the resident was observed sending the therapy gym holding a weighted stick in his hands. There was no evidence contact precautions were being maintained.”

Our Cape Coral/Port Charlotte nursing home abuse attorneys recognize that any failure to maintain protocols and follow established procedures to prevent the spread of infection in the facility might be considered negligence or mistreatment of residents at the facility. Additionally, the deficient practice does not follow the established procedures, policies and protocols adopted by Signature Healthcare of Port Charlotte.

Imperial Health Care Center
900 Imperial Golf Course Blvd
Naples, FL 34110
(239) 591-4800

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

Overall Rating – 2 out of 5 possible stars

2 star rating

Primary Concerns –

Failure to Follow Established Protocols to Prevent the Spread of Infection throughout the Facility

In a summary statement of deficiencies dated 04/10/2015, a state surveyor made a notation during an annual licensure and certification survey concerning the facility’s failure to “ensure infection control measures were maintained for [a resident at the facility] requiring catheter care and [another resident] observed receiving medications.”

The deficient practice was noted after an 04/07/2015 10 AM observation by the state surveyor observing a staff member “performing catheter care for [the resident]. She done gloves and gather supplies. She changed her gloves after obtaining all supplies then pulled the window curtains closed. [A staff member] then picked up the bed remote and elevated the bed. She then retrieved the phone from the floor and proceeded to perform the procedure without changing gloves or washing hands.”

Our Cape Coral Florida nursing home neglect lawyers notice that a review of the facility’s policies relating to catheter care “revealed handwashing is required prior to performing this procedure.” The deficient practice as the potential of spreading infection throughout the facility and harming at least one resident. The failure might be considered negligence or mistreatment of one or more residents at the facility.

Manor Care Health Services
13881 Eagle Ridge Drive
Fort Myers, FL 33912
(239) 561-7700

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

Overall Rating – 3 out of 5 possible stars

3 star rating

Primary Concerns –

Failure to Ensure That Every Resident Receives Treatments and Services to Improve Their Ability to Care for Themselves

In a summary statement of deficiencies dated 09/03/2015, a notation was made during an annual licensure and certification survey by a state investigator concerning the facility’s failure to “ensure [a resident reviewed for the client in their activities of daily living (ADLs)] maintained their abilities.” The deficient practice was noted because “the facility is required to ensure residents have appropriate treatment and services to maintain and or improve their highest practical outcomes.”

This failure involves a review of a resident’s medical records indicating that the resident was first admitted on 10/01/2015 when she could “ambulate with a walker, but sits she was discharge from therapy, no one has time to assist her in emulating and she has gotten very weak. She further said she has been sick for the past two weeks but when she is feeling better she hopes someone will assist her again with her ambulation so she can get stronger.”

The state surveyor reviewed the medical records of the resident to reveal “there is no care plan for [the resident] ambulate with facility staff. The Certified Nursing Assistant (CNA) care plan for [that resident] revealed they are to ask the resident if she would like to ambulate in the hall.”

An Interview with the MDSC (Minimum Data Set Coordinator) conducted by the state surveyor on 10/02/2015 indicated that “she is responsible to assess all residents and to develop and coordinate a care plan.” However, after reviewing the resident’s medical records “she said she was unable to find a care plan related to ambulating [the resident] in the hallways.” She was also able to confirm that the resident “is currently unable to ambulate with a walker for 50 to 75 feet and a care plan was not developed with nursing after she was discharged from physical therapy to ensure she maintained her current level of ambulation.

Our Cape Coral/Fort Myers elder abuse attorneys recognize that any failure to provide adequate treatment and services to ensure the well-being of residents might be considered abuse or neglect. Additionally, the deficient practice of not providing ambulatory assistance for the resident directly violates state and federal regulations and does not comply with the established policies and procedures adopted by Manor Care Health Services of Fort Myers.

The Aristocrat
10949 Parnu Street
Naples, FL 34109
(239) 592-5501

A “For-Profit” 60-certified bed Medicaid/Medicare-participating facility

Overall Rating – 1 out of 5 possible stars

1 star rating

Primary Concerns –

Failure to Document the Justification for Continued Use of a Foley Catheter on One Resident at the Facility

In a summary statement of deficiencies dated 01/08/2015, a notation was made during an annual licensure and certification survey by a state investigator concerning the facility’s failure to “prevent the development of urosepsis, resulting in hospitalization for [a resident] reviewed for the use of an indwelling Foley catheter without adequate justification for use.”

The deficient practice was noted after 01/06/2015 review of the resident’s medical records revealing “that the resident was admitted to the facility with a Foley catheter.” In addition, “there is no documented evidence that this oriented resident refuse to have her Foley catheter discontinued. In addition, there was no documentation plan developed to ascertain the resident’s continued need for a Foley catheter upon admission to the facility, and upon readmission to the facility.” No action in this regard “was taken by the facility prior to the surveyor’s inquiries regarding why the Foley catheter was being used without adequate justification for this comprised resident with [their diagnoses and current medical status].”

Our Cape Coral / Naples Florida elder abuse attorneys recognize that state and federal nursing home regulations require nursing facilities to make sure that each resident entering the nursing facility with a catheter must be assessed for continued use of the catheter because of a specific justification. Any failure to follow protocols involving catheter use in a nursing facility might be considered mistreatment or negligence.

Learning the Signs of Neglect and Abuse

If you serve as the legal or medical advocate for your spouse, parent or grandparent relocating to a nursing facility, your first responsibility is to perform proactive research on the best locations in your community and personally visit the premises to ensure it and it is nursing staff meets acceptable standards of care. Once you have selected the best facility in your community and your loved one has moved in, it is crucial to get to know the nursing staff and inform them you will be serving as an advocate on behalf of your family. It will be your responsibility to look for any indicators that your loved one is or has received poor or inadequate treatment. Some of the obvious signs of mistreatment, abuse and neglect include:

  • Bedsores acquired after admittance
  • Stiffening muscles due to a lack of mobility
  • Signs of dehydration or malnutrition
  • Marks that indicate physical restraint
  • Overmedication or over-sedation used as a chemical restraint

Any incident a serious neglect or abuse must be reported to authorities immediately. This could include state agencies, law enforcement officers, nursing home administrators or an attorney who can use the laws of the state of Florida to stop the unacceptable behavior now.

Hiring A Lawyer

Sodomy abusive or neglectful actions of nursing staff can be complicated, but airing concerns is usually the best step toward resolving the problem. Speaking confidentially with an attorney is often a wise decision because they have the skills to serve as a sympathetic advocate on your behalf. The Cape Coral nursing home abuse attorneys at Rosenfeld Injury Lawyers LLC have legally represented many victims of nursing home of use, neglect and mistreatment. Our Southwest Florida elder abuse attorneys can work on your behalf to hold those at fault for your loved one’s mistreatment legally accountable and financially responsible for your damages, injuries or losses.

We encourage you to contact our Cape Coral nursing home abuse law firm today by calling (888) 424-5757 to schedule a full, free case review. We accept all nursing home abuse cases, personal injury claims and wrongful death lawsuits through contingency fee agreements. This means we provide all of your legal representation immediately without the need of you paying any upfront fee or retainer. All information you share with our law offices will remain 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