Miami, FL, November 2019 – As more local families find that their relatives are being abused and neglected in facilities in Florida, it has become important to share information about the possibility of filing a lawsuit. There are even some troubling laws in the state that allow young people to be placed in homes if they suffer from serious health issues.
Florida has been struggling with a policy of putting very sick and disabled children in nursing homes. There were instances where infants and toddlers were placed into facilities designed exclusively for elder care. The Miami Herald recently reported on a case where one young girl died not too long after being placed in a home under this controversial program. The 14 year old girl from the Tampa area was placed in a Miami Gardens nursing home despite strong objections from her mother, who was dealing with her own disability. In the following months, she suffered from a seizure and then died of a heart attack as the staff did not properly administer anti-seizure drugs in the hours after the incident. The home was fined $300,000 for their malpractice.
A federal appeals court has recently ruled that a lawsuit can proceed which alleges that the placement practice violates the Americans with Disabilities Act. The lawsuit filed by the Justice Department outlines numerous problems with the practice of keeping young children bedridden, with the possibility of social and developmental disorders that can occur from this kind of confinement. The lawsuit essentially says that this category of disabled children experiences systematic discrimination at the hands of the state. The state defended by saying that the federal government does not have jurisdiction to tell agencies within the state how to function. The appellate court in Atlanta that sided with the Justice Department overturned an earlier opinion from a Fort Lauderdale judge which stated that the federal government had no way of enforcing the provisions of the ADA.
The problem of housing people in institutions
Whether someone is young or old, when they are committed to a nursing home they are much more likely to develop problems related infections, neglect, and deteriorating mental health. Nursing home abuse has become a national problem, and staff shortages and other administrative issues are contributing to the declining health of people within these facilities. While nursing homes are inspected and they do have to comply with certain regulations to receive Medicaid funding, they are also given generous time frames to correct issues and deficiencies while continuing to dispense low quality care. It is in these conditions that patients are most likely to suffer from additional problems, and end up in worse health than when they first entered the facility. Legal action is one of the only remedies available once a patient has suffered from an injury or the symptoms of severe neglect.
Learn more about your rights and the possibility of a lawsuit
USAttorneys.com is a referral service that makes finding a lawyer simple. You can use the listings on the site to find an attorney in your area who specializes in nursing home abuse cases or browse through several other areas of practice.