As a nursing home abuse lawyer who handles cases in Sarasota, Venice, Englewood, Bradenton and throughout Florida, I routinely examine complaint and annual survey investigations of area nursing homes. Of course, I also prosecute cases of nursing home abuse and neglect on behalf of families and their loved ones who have been harmed. I take calls from Florida citizens who are searching for a decent nursing home for the placement of a family member. If you are in the process of choosing a nursing home in Sarasota County, Manatee County or Charlotte County, Florida, you should be aware that the State of Florida Agency for Healthcare Administration regulates nursing homes and conducts annual surveys and complaint investigations. Those nursing homes with a pattern of problems are often placed on the state’s “Nursing Home Watch List.” If you have an issue with a nursing home, you may call me, James Keim, for a free consultation at (941) 216-5656.
What is nursing home abuse and neglect? Nursing home abuse and neglect can take many forms; however, it usually results from a few corporate officials recklessly failing to hire, train and employ enough nursing home staff to care for and meet the needs of their residents. Whenever a nursing home corporation, through its actions or inaction, places profits over the interests of the people it is responsible for protecting, and harm results, doing so constitutes nursing home abuse. Of course, our most vulnerable citizens should not be placed in such a great risk of harm.
On February 10, 2016 through February 12, 2016, the State of Florida Agency for Healthcare Administration conducted an unannounced investigation at Beneva Lakes Healthcare and Rehabilitation Center, which is located at 741 South Beneva Road, Sarasota, Florida 34232. At that time, state investigators cited Beneva Lakes Healthcare and Rehabilitation Center for failing to meet the guidelines set forth under the Nursing Home Reform Act of 1987 signed into law by President Ronald Reagan, as well as Florida’s Administrative Code. This nursing home is owned and operated by the largest Florida based nursing home corporation: Consulate Healthcare. Those recent citations of deficiencies against Beneva Lakes Healthcare and Rehabilitation Center included:
F 281 Failing to provide services to residents that meet professional standards of quality. In citing the nursing home in violation of the federal Nursing Home Reform Act, AHCA investigators noted that “the facility failed to recognize and respond to a significant change in condition related to possible stroke symptoms” and “failed to notify the physician in a time manner.”
F 309 Failing to provide the necessary care and services to attain and maintain each resident’s highest practicable physical, mental and psychosocial well-being.
N 201 Failing to provide residents with adequate and appropriate healthcare.
On March 12, 2016, Beneva Lakes Healthcare and Rehabilitation Center filed a ‘Plan of Correction” in which it stated first and foremost: “This Plan of Correction does not constitute admission or agreement by the provider of the truth of the facts alleged or conclusions set forth in this statement of deficiencies. This Plan of Correction is prepared solely because it is required by State and Federal Law.” Really? This is their first response? Does this sound like a nursing home that is focused on providing top quality resident care?
The complete survey investigation is available for review at: www.floridahealthfinder.gov. Nursing home facilities like Beneva Lakes Healthcare and Rehabilitation Center are required to comply with the above provisions that are contained within the Nursing Home Reform Act of 1987 in exchange for receiving taxpayer money through Medicare and Medicaid.
Those individuals who suffer from stroke must receive treatment as soon as possible in order to reduce the risk of significant neurological compromise or death. The failure of a nursing home to properly assess a resident for the signs and symptoms of stroke and promptly obtain medical treatment constitutes neglect and a violation of that resident’s rights.
Local nursing home abuse and neglect lawyer, James Keim, seeks to hold those nursing homes accountable for the serious harm they cause by failing to follow the law and neglecting and abusing the most frail and vulnerable citizens in Florida which they are obligated to protect. Remember to always decline, cross out and say “ no thanks” to arbitration clauses contained within nursing home admissions agreements.
Available for a Free Consultation in Sarasota / Lakewood Ranch. If you have questions about a Florida nursing home or wish to discuss a potential case of abuse and neglect with a Sarasota nursing home abuse lawyer who has evaluated and handled hundreds of claims, please feel free to call me, James Keim, Attorney at Law at (941) 216-5656. I always provide a free consultation and personally handle every case, and you will not be passed off to some middleman or junior level associate. All cases are handled on a contingency fee and cost basis. This means that you pay no fee or costs unless we obtain a settlement, award or verdict.
I have attained the highest possible rating through the Martindale-Hubbell peer review certification process. AV®, AV Preeminent® are certification marks used under license in accordance with the Martindale-Hubbell® certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Ratings™ fall into two categories – legal ability and general ethical standards.