Zevan and Davidson Law Firm Articles Nursing Home Fined $36,000 For Deficiencies

Nursing Home Fined $36,000 For Deficiencies

By David Zevan  Jul. 22, 2013 7:44a

A Florida nursing home was recently fined $36,000 by the state for the way it handled an allegation of sexual abuse. The Florida Agency for Health Care Administration found in an inspection that the nursing home, Avante at Ormond, failed to report an allegation that an employee of the home crawled into bed with one of the nursing home residents.

Brian Lee, the executive director of Families for Better Care, which is an organization that advocates for residents of nursing homes and their families, has said that in Florida the most serious offenders usually incur fines of around $40,000, so by state standards this is significant. Lee said "Nursing homes are supposed to be protecting our parents and grandparents. When they don't do that, they should face serious repercussions."

The incident occurred in January of 2012. A resident of the nursing home reported that one of the staff members climbed into her roommate’s bed. In an inspection report, her roommate denied the the incident happened. But inspectors reported that staff at the nursing home did not report the incident to police or social services, as they should have.

Avante at Ormond Beach is a 133 bed facility. A February inspection report revealed that the nursing home was deficient in several respects. There were excessive medication errors, inadequate food, and deficient infection-control practices. It is rated as having an above average score for staffing and quality, however, on Nursing Home Compare, which is the federal government’s site for evaluating nursing home care. But the health inspection score is “much below average.” Its overall rating averaged to 2 out of 5 stars.

The state also put the facility on notice and made its license conditional, meaning it has 30 days to pay the fine and is subject to additional inspections. The AHCA has accepted the nursing home’s corrective action plan.

Initially, the state had issued a fine of $45,000 but eventually reduced the amount. State regulators had written that noncompliance by the nursing home would be likely “to cause serious injury, harm, impairment or death to residents.”

Nursing Home Abuse Lawyer

If you or a family member has experienced nursing home abuse or neglect, contact a nursing home abuse attorney after reporting the abuse. Facilities are required to provide quality care to residents and certain standards for conditions must be met. Facilities are also required to report all instances of suspected abuse.

Nursing home abuse should not be tolerated. It can be devastating for families. If a loved one has died because of nursing home abuse or neglect you can file a wrongful death suit against the facility or individuals who provided care.

Contact a nursing home abuse attorney to discuss your options if you suspect that a loved one is being abused. Your attorney can help to investigate and compile evidence so that you can seek justice and hold the responsible parties accountable for their actions. Elder abuse is never okay. The elderly deserve to have their rights protected.

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