Tampa Florida Nursing Home Abuse Lawyers

Tampa Nursing Home Injury AttorneyOur Tampa nursing home abuse lawyers have noticed a significant increase in the amount of civil and criminal cases in central Florida involving abuse, neglect and mistreatment occurring in nursing facilities. Sadly, there are likely hundreds if not thousands of more cases of abuse and mistreatment that are never reported to the authorities by victims who will not or cannot file a complaint because they are afraid or lack the ability to do so.

Nearly 40,000 of the more than 347,000 residents within Tampa Florida city limits are senior citizens, many of whom have moved to the area to enjoy nicer winters, warmer weather and easy access, quick to the Gulf of Mexico. There are many more elders in the community who reside all throughout Hillsborough County and across the bay in Pinellas County.

Unfortunately, there has been a significant rise in the demand for nursing home beds because so many seniors have moved into the Sunshine State. This overwhelming burden on nursing facilities, assisted-living homes and rehabilitation centers have caused a significant shortage of nurses and nurses’ aides available to fill much-needed positions. As a result, many nursing homes have become significantly overcrowded while at the same time understaffed with an inadequate amount of employees to ensure that the health and hygiene needs of its residents are being fulfilled.

Tampa, Florida Nursing Home Resident Safety Concerns

The Tampa nursing home neglect attorneys at Rosenfeld Injury Lawyers LLC have long served as legal advocates for every resident in nursing facilities and provide legal representation to stop cases of abuse and neglect. Our central Florida elder abuse attorneys monitor publicly available documents and records of nursing facility statewide and post our findings involving nursing facilities that had opened investigations, filed complaints and safety concerns. This data is used by families who must find a quality nursing facility that provides above standards of care to ensure that their loved one’s medical and hygiene needs are provided in a loving and safe environment.

Comparing Tampa Area Nursing Facilities

Our Tampa Florida nursing home lawyers have detailed the various facilities listed below that currently maintain below average ratings. This information was gathered from the national Medicare.gov database. Our attorneys have focused on their primary concerns that include substandard care, accident hazards and other alarming reports of serious harm caused by facility-acquired bedsores, physical assault by the nursing staff or direct negligence that places the resident’s health in jeopardy.

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:

Abbey Rehabilitation and Nursing Center
7101 Dr. Martin Luther King Jr St N.
Saint Petersburg, FL 33702
(727) 527-7231

A “Not-For-Profit” 132-certified bed Medicaid/Medicare-participating facility

Overall Rating – 1 out of 5 possible stars

1 star rating

Primary Concerns –

Failure to Provide Adequate Standard of Care to Ensure Existing Bedsores Heal and Failure to Prevent a New Facility-Acquired Pressure Sore

In a summary statement of deficiencies dated 09/11/2015, a notation was made by a state surveyor during an annual licensure and certification survey involving the facility’s failure to “provide a position-ordered care of the pressure ulcer for [the resident the facility].” The deficient practice was noted by the state surveyor on 09/10/2015 at approximately 1 PM after a “pressure ulcer wound care was observed as provided by [a] licensed practical nurse [LPN] that was assigned to [the resident]. [The resident] was positioned on her side to reveal two dressings to her buttocks that were both heavily saturated with yellow-green drainage and were malodorous [with addressing date of 9/8/15].” The LPN providing care indicated that “the wound care was to be provided daily. She confirmed that the dressings were changed daily, then they should reflect yesterday’s date of 9/9/15.”

The state surveyor conducted an interview with the Director of Nursing at 2 PM on 09/11/2015 where the Director indicated “she reviewed the pressure ulcer documentation and confirmed that the right midline buttock pressure ulcer was present during the June 2015 assessment and the MDS assessment that indicated [the resident] did not have a pressure ulcer was inaccurate.” The Director of Nursing also confirmed that the resident’s Pressure ulcer to the right buttock had not healed, and, in fact had worsened since it had been identified approximately six months ago.” At some point in the interview the Director of Nursing also confirmed that the resident “had developed another pressure ulcer to her left buttock during July, 2015 stated that “there was no documentation the wound care was provided to either ulcer on 9/2/15 and 9/9/15.” The investigator reviewed the facility’s policies titled: Wound Prevention and Treatment Overview policy and procedure 9.1.1 that was undated included under policy: A resident with ulcers will receive continued preventive interventions and necessary treatment and services to promote healing and prevent infection.

Our Tampa elder abuse attorneys recognize that any failure to provide adequate treatment to ensure the healing of an existing bedsore might be considered negligence or mistreatment of the resident. This is because it directly violates established policies adopted by the facility and nursing home regulations at both state and federal levels.

Central Park Healthcare and Rehabilitation Center
702 S Kings Ave.
Brandon, FL 33511
(813) 651-1818

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’s Advanced Directors of Not Being Resuscitated or Followed

In a summary statement of deficiencies dated 11/06/2015, a complaint investigation was opened against the facility for its failure to “protect the rights of a resident’s right to refuse cardio-pulmonary resuscitation (CPR) consistent with their end-of-life wishes for [the resident at the facility] identified as having do not resuscitate orders (DNR).” The complaint investigation was initiated because of an incident where the “facility initiated CPR on [a resident with a DNR who] was admitted to the facility for rehabilitation care and services. [The resident] had a Do Not Resuscitate Order completed by her appointed Durable Power of Attorney (DPOA) who was also her Health Care Surrogate (HCS).”

The deficient practice resulted in a failure of the facility “to honor [the resident’s] advanced directives and denied the resident and her guardian the opportunity to refuse treatment. The facility initiated CPR for [the resident] by checking her face sheet [which had not been updated] and not using the facility system in place. The facility provided unwanted treatment [which] violated this resident/guardian’s wishes to have a peaceful and dignified death and failed to protect the resident from unwanted interventions at their last moments of life.”

The investigator noted that the failure of the facility staff “to ensure the right to formulate an advance directive of DNR” was not honored in accordance with the wishes of the resident and the Guardian to ensure the treatment and services of CPR would be withheld. The deficient practice resulted in an “Immediate Jeopardy” of the resident.

Our Tampa elder abuse attorneys recognize that any failure to follow the wishes of a resident to refuse treatment order formulate effective advanced directives might be considered mistreatment and negligence of the resident’s wishes from being followed.

Consulate Health Care of Brandon
701 Victoria St.
Brandon, FL 33510
(813) 681-4220

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 Adequate Supervision to Ensure Residents Remain Safe and Free from Falling

In a summary statement of deficiencies dated 10/13/2015, a complaint investigation against the facility was opened for its failure to “provide the necessary supervision to prevent a fall with injury for [a resident at the facility] which resulted in actual harm. The complaint was initiated after a resident “sustained a fall which resulted in a fracture that required hospitalization and surgery to repair a broken femur.”

A review of the 09/29/2015 1:30 PM emergency room notes revealed “upon admission the resident reported when asked what happened, he was standing and looked down at the ground and upon looking back he became dizzy and fell to the ground, landing on his left hip and hitting his head on the floor. He denies any loss of consciousness but state he has pain in his left hip.”

Failure to provide adequate supervision to ensure that all residents avoid accidents at the facility might be considered mistreatment or negligence by caregivers and nursing staff. Our Tampa Bay nursing home abuse attorneys recognize that a failure to provide adequate supervision is not in accordance with the established procedures and protocols adopted by the facility and violates state and federal regulations.

Countryside Rehab and Healthcare Center
3825 Countryside Blvd N.
Palm Harbor, FL 34684
(727) 784-2848

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 Adequate Assistance for Timely Incontinence Care for Residents Requiring Assistance to Maintain Their Highest Well-Being

In a summary statement of deficiencies dated 05/29/2015, a complaint investigation was opened against the facility for its failure to “ensure that a resident who is dependent on staff for activities of daily living receive timely incontinence care.” The complaint investigation was initiated after a “Unit Manager was informed [at 1:10 PM] that [a resident] had not received incontinence care since at least 9:20 AM. [The unit manager] informed the [CNA on duty of the problem] who was observed coming to [the resident’s] room with another CNA and a lift for transfer.” An interview conducted in both English and Spanish with the CNA regarding the incontinence care for the resident reveal that the CNA “stated that her usual routine is to check [the resident] for incontinence in the morning when she takes her to the dining room for activities, bring her back to the room about 10:40 AM to 11:00 AM and check her for incontinence and then return her to the activity and then check and change her after lunch before she places her in bed.” However, the regular routine had not been followed on this occasion resulting in untimely incontinence care.

Any failure to provide adequate assistance for incontinence care might be considered mistreatment or neglect of the resident at the hands of their caregivers. Additionally, it violates regulations that state and federal levels and does not follow the established protocols and procedures that were adopted by the facility to operate a nursing home in Florida.

Excel Care Center
2811 Campus Hill Dr.
Tampa, FL 33612

(813) 979-9400

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 a Resident CPR Even Though They Had Full Code Status to Receive CPR Which Resulted in the Resident’s Death

In a summary statement of deficiencies dated 05/26/2015, a complaint investigation against the facility was opened for its failure to “protect the rights of a resident to have cardiopulmonary resuscitation (CPR) initiated [when necessary]. This deficient practice directly affected a resident at the facility “identified as having full code status, according to [the facility’s] Advance Directive List.” The facility “did not initiate CPR on [the resident who] had not expressed wishes to have CPR withheld, nor had his Health Care Proxy express wishes for CPR to be withheld if he was found unresponsive.”

The resident while at the facility “was found unresponsive in absence of pulse and respiration, less than 24 hours after admission. The facility did not initiate CPR [… and] failed to honor the resident’ Advance Directives and he died without the opportunity to be resuscitated by receiving the services of CPR.” The investigator of the complaint recognized that the “failure to perform CPR when [the resident] was found unresponsive resulted in findings of Immediate Jeopardy.”

Our Tampa nursing home neglect attorneys recognize that any failure of the facility to provide CPR in accordance with the Advance Directives List for residents recognized as having a Full Code Status might be considered negligence or mistreatment of the patient, especially if the patient dies as a result of the deficient practice.

Fairway Oaks Center
13806 N 46th St.
Tampa, FL 33613
(813) 977-4214

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 Follow Procedures and Protocols Designed to Prevent the Spread of Infection to One or More Residents

In a summary statement of deficiencies dated 08/20/2015, a state surveyor made a notation during an annual licensure and certification survey concerning the facility’s failure to “ensure tubing for enteral feeding were stored properly and free of potential contamination for [3 residents at the facility] and did not ensure proper hand hygiene was performed for [a different resident].” The deficient practice was noted after random observation at the facility of an internal feeding pump and tubing was conducted for a resident on 04/19/2015. The surveyor noted that the “enteral feeding tube was uncapped and wrapped around the top of the pole on the pump” which was confirmed by the central supply clerk at the facility.

A separate incident involving incontinence care at the facility was observed while it was being conducted on 04/20/2015 for a different resident where the CNA “remove the resident’s urine saturated brief. The CNA, clean the resident and put on a clean brief without changing her gloves” which does not follow established policies and procedures adopted by the facility.

Any deficient practice that increases the spread of infection to one or more residents at the facility might be considered mistreatment or negligence.

Fletcher Health and Rehabilitation Center
518 W Fletcher Ave
Tampa, FL 33612
(813) 265-1600

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 Accident Hazards

In a summary statement of deficiencies dated 01/23/2015, a notation was made by a state surveyor during an annual licensure and certification survey involving the facility’s failure to “ensure a safe environment related to bad locks that disengage when the bed is lowered.” The deficient practice was noted involves two residents at the facility. In one incident, a resident “stated that when he uses the electric control to lower his bed to get in, the bed break disengages, allowing the wheels to roll freely. He stated that he almost fell when attempting to get into bed on two separate occasions, but luckily hung on.” Of the resident’s room the braking mechanism automatically disengaged allowing the bed move and when gently pushed rolled approximately eight inches.

Our Tampa elder abuse attorneys recognize that any failure to provide an environment without accident hazards might be considered negligence or mistreatment, especially if the resident is hard by the deficient practice.

Gracewood Rehabilitation and Nursing Care
8600 Us Hwy 19 N
Pinellas Park, FL 33782
(727) 541-7515

A “Not-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 Necessary Care and Services to Ensure That a Resident’s Physician’s Orders on Wound Care Are Followed

In a summary statement of deficiencies dated 10/05/2015, a complaint investigation was opened against the facility for its failure to “provide necessary care and services for [a resident] in regards to not providing physician ordered wound care and not transcribing a consulting physician’s orders.” The complaint investigation was initiated after an observation and interview involving a resident who stated “he went to a wound care outpatient clinic of his choice to have them evaluate [his] wounds on 10/01/2015, but the nursing staff [at Gracewood Rehabilitation and Nursing Care] still had not done the wound care that the physician had ordered. He stated the dressings were supposed to have been changed yesterday, but the nurse did not have time, and he was still wearing the dressings that the out-patient clinic physician had placed three days before.”

Our Tampa nursing home abuse attorneys recognize that any failure to provide the most basic standard of care to ensure the health and hygiene of any nursing home resident might be considered negligence or mistreatment. In fact, failing to provide necessary care and services directly violates established protocols, policies and procedures adopted by the facility and violates federal and state regulations.

Habana Health Care Center
2916 Habana Way
Tampa, FL 33614
(813) 876-5141

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

Overall Rating – 2 out of 5 possible stars

2 star rating

Primary Concerns –

Failure to Provide Proper Treatment to Allow an Existing Bedsore to Heal and Failure to Ensure the Existing Open Bedsore Was Not Contaminated by a Soiled Brief

In a summary statement of deficiencies dated 08/14/2015, a notation was made during an annual licensure and certification survey by a state investigator concerning the facility’s failure to “ensure that infection control practices were followed during wound care for [a resident at the facility] reviewed with pressure ulcers.” The deficient practice was noted after an observation occurring on 08/13/2015 involving wound care performed by a nurse and the facility’s Assistant Director of Nursing who improperly performed care treatment for the resident’s pressure ulcer. After applying Hydrogel to the resident’s wound the Assistant Director of Nursing who was holding the resident to his site during the treatment allow the resident to roll back “onto the soiled brief” that had been opened but not removed “contaminating the wound site and removing all the Hydrogel the [nurse] had applied.”

The deficient practice that resulted in directly contaminating the resident’s opened wound might be considered negligence or mistreatment of the patient because it directly violates established standards of care enforced by state and federal agencies that regulate nursing homes.

Lakeshore Villas Health Care Center
16002 Lakeshore Villa Dr.
Tampa, FL 33613
(813) 968-5093

A “Not for Profit” 179-certified bed Medicaid/Medicare-participating facility

Overall Rating – 2 out of 5 possible stars

2 star rating

Primary Concerns –

Failure to Follow Doctor’s Orders by Providing the Resident with Pain Medication to Meet the Resident’s Level of Pain

In a summary statement of deficiencies dated 04/12/2013, a notation was made by a state surveyor during an annual licensure and certification survey involving the facility’s failure to “ensure that resident pain was treated to ensure optimum results.” The deficient practice was noted after an 04/14/2013 interview with a resident at the facility who reported “he gets pain when he tries to move, he gets to medications ordered, and they do not work, his doctor knows about it.”

A review of the resident’s record revealed physician’s orders that included a pain medication “every eight hours for pain and [additional medications] as needed every eight hours for mild pain.” The investigator interviewed the unit nurse over the interview of the incidents and reported that “the nurse offered Tylenol for pain because the emergency drum kit did not have the dose for the medication ordered.”

Failing to provide pain medication as ordered by the physician and instead substituting and over-the-counter medication does not follow the procedures and protocols established by state and federal nursing home regulators. The deficient practice might be considered negligence or mistreatment of the resident who is left to suffer in pain.

Largo Health and Rehabilitation Center
9035 Bryan Dairy Rd
Largo, FL 33777
(727) 395-9619

A “For-Profit” 158-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 Accident Hazards and Failure to Report an Injury of Unknown Origin That Caused Harm to a Resident at the Facility

In a summary statement of deficiencies dated 02/13/2015, a state surveyor made a notation during an annual licensure and certification survey concerning the facility’s failure to “ensure that a complete and thorough investigation was documented and failed to file a report to the State Agency for an injury of unknown origin.” The deficient practice was noted after the state surveyor noticed that the resident “has a black right eye. Asked [the resident] what happened, [the resident was] unsure, unable to give a clear answer. There is no other documentation in the resident’s medical record related to the resident having bruising of the face or eye.”

The state surveyor interviewed the Assistant Director of Nursing on 02/12/2015 who indicated “that the resident was found by the nurse to have a black bruised eye when the resident got up in the morning of 02/04/2015.” The Assistant Director of Nursing brought the information of the incident to the Nursing Home Administrator who is also the facility risk manager. “She confirmed that she did not call in a report or document which staff she spoke with.”

Failing to report an injury of unknown origin to the state agency is in direct violation of state and federal regulatory policies and procedures. Our Tampa elder abuse attorneys recognize that this deficient practice could be considered mistreatment or negligence because it does not comply with the facility’s 11/30/2014 policy titled: Resident Abuse – Injuries of Unknown Origin that states in part “Policy: Injuries of unknown origin are bruises, skin tears, fractions, abrasions, etc., which have no known cause. Procedure: The Executive Director and Director of Clinical Services are to be notified immediately. Notification MUST be made to the following: Resident’s responsible party, Physician, The Executive Director, Director of Clinical Services or their designee, [and] must begin a documented investigation of the cause of the injury.”

Our Tampa nursing home neglect attorneys understand that any injury of an unknown origin could be a sign of abuse, mistreatment or neglect and must be reported to appropriate agencies that follow the protocols established by state and federal regulators.

The Nursing Center at University Village
12250 N 22nd St
Tampa, FL 33612
(813) 975-5001

A “Non-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 Accident Hazards Including Falling in the Facility

In a summary statement of deficiencies dated 08/25/2015, a state surveyor made a notation during an annual licensure and certification survey concerning the facility’s failure to “ensure that [the resident] had their care plan implemented for falls.” The deficient practice was noted after an observation of a resident admitted to the facility with numerous medical conditions including a closed fracture part next femur, HTN, depression, open fracture of an unspecified part of the femur, lumbago, senile dementia, muscle weakness, difficulty in walking, cervical spondylosis, lack of coordination, dysphagia and symbolic dysfunction. A review of the resident’s records indicated that there was a 08/09/2015 order for a “bed alarm and floor mats at bedside, poor safety awareness due to decreased cognition.”

However, the state surveyor made an observation on 08/24/2015 at 9:40 AM that “no bed alarm in place, 11 AM, no bed alarm in place. At 2:02 PM, [a staff member] was observed to be placing a bed alarm pad on the residents bed. She was asked why there was not an alarm on the bed today and she stated she was not aware that the resident had to have a bed alarm, she thought it was a chair alarm.” The state investigator also interviewed a CNA who stated “that she had been providing care to the resident for the past five days and was unaware that the resident had to have a bed alarm.”

Our Tampa nursing home abuse attorneys understand that any failure to follow and implement policies to ensure that residents are free from my falling incident might be considered negligence or mistreatment. In addition, not following the resident’s care plan directly violates state and federal regulations and does not follow established policies adopted by the facility.

Keeping a Watchful Eye on Nursing Home Abuse and Neglect

Because of the advancements in medicine and medical technologies, Floridians are enjoying longer and healthier lives. However, as the elder grows older, they often require health or hygiene assistance around-the-clock. In many incidences, families with parents and grandparents are left with the only option hiring skilled medical professionals either in the home or out of the house. Usually the best option for an elderly individual requiring substantial nursing care is to move from their home or hospital bed into a nursing facility, assisted living home or rehabilitation center. Unfortunately, every year many nursing home residents are neglected, mistreated or abused. Sadly, many of the individuals who cause harm directly or indirectly to a resident of the same individual given the responsibility to provide them care and assistance.

Typically, when mom, dad or the grandparents move into a nursing facility the family visits often and place an active role in day-to-day activities. However, over time the visits become less and less and a loved one is left without oversight by family members looking out for their best interest. Many times, the signs and symptoms of abuse and neglect their obvious, where the loved one suffer serious harm or injury. Other times, the indicators of mistreatment go undetected, even by the resident’s doctor who may not be adequately trained to notice what is happening.

The most common signs of nursing home neglect and abuse involve:

  • Facility acquired bedsores that develop and degrade without proper treatment by qualified staff
  • Malnourishment or dehydration because the resident does not have access to nutrients or water
  • Injuries caused by accidental hazards such as slippery floors, broken handrails or defective equipment
  • Unexplained bruising, cuts, broken bones or other injury
  • Signs of sexual assault such as bruised genitals or a facility acquired sexually transmitted disease

Recognizing the different kinds of nursing home abuse and neglect in taking immediate action can help prevent many cases occurring in society. At the very least, keeping a watchful eye on what is happening in the nursing facility can protect a loved one from suffering serious consequences.

Hiring a Tampa Nursing Home Neglect Attorney

If you suspect your loved one, spouse, parent or grandparent is the victim of neglect, mistreatment or abuse while residing in a nursing facility, the Tampa nursing home abuse attorneys at Rosenfeld Injury Lawyers LLC can help. Our team of dedicated central Florida elder abuse lawyers can take immediate action to stop the abuse, begin an investigation and contact the proper authorities and agencies to file a formal complaint. In addition, our Hillsborough County nursing home abuse law firm can file a claim or lawsuit on your behalf seeking financial recompense to cover your damages and losses.

We encourage you to contact us today at (888) 424-5757 to speak with one of our attorneys for a full case review. All information you share remains confidential. We handle all personal injury claims, wrongful death lawsuits and nursing home abuse cases through a contingency fee agreement. This means all of your legal representation is provided without the need of paying an upfront fee. Our legal services are paid only after we negotiate a successful out-of-court settlement or win your case at trial.

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

★★★★★
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
★★★★★
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