Allegations Against the State
The case stems from concerns that the state of Florida placed “medically fragile” children in nursing homes. “Medically fragile” children are those who have severe health conditions. In 2012, a DOJ investigation found that Florida was institutionalizing these children with disabilities in its nursing homes. The DOJ further noted that Florida’s Medicaid program was placing other children at risk of being institutionalized unnecessarily. The state program that runs most of Florida’s Medicaid Program, the Florida Agency for Health Care Administration (FAHCA), denied the allegations against it.
Attorneys for a group of these children filed a lawsuit in federal court alleging, in part, that Florida was in violation of the ADA because it failed to provide services that would allow these medically fragile children to stay within their own homes and communities. After failed negotiation talks regarding an agreement between the state, the DOJ filed suit in 2013. Attorneys for the state disputed the DOJ’s authority to file suit against it, and the district court agreed. A panel of the appeals court overturned the lower court’s decision, and the state has appealed.
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Nursing Home Abuse and Medical Malpractice
When you entrust your loved one to the care of a medical professional or a nursing home, you expect he or she will be taken care of. Whether your loved one needs to undergo surgery or cannot perform activities of daily living, they should be safe under these medical professionals’ care. These professionals and facilities have a legal obligation to protect residents and provide appropriate medical care.
Unfortunately, nursing home abuse happens as does medical malpractice. Nursing home neglect happens when the facility fails to do something. Nursing home abuse, on the other hand, happens when harm is inflicted on a resident. Examples of common Florida nursing home abuse and neglect include:
- Bed sores
- Broken bones
- Multiple falls
- Malnutrition
- Dehydration
- Sexual assault
- Financial abuse; and
- Physical assault
Medical malpractice happens when a Florida healthcare provider’s mistake injures a patient. The mistake must be negligent, meaning the healthcare professional violated the standard of care that is acceptable in the local medical community. Some examples of medical malpractice include:
- Misdiagnosis or failure to diagnose
- Poor aftercare or follow up care
- Improper dosage or medication
- Surgical errors or surgery on the wrong site
- Performing unnecessary surgery
- Not taking appropriate patient history or disregarding history; and
- Ignoring or misreading laboratory results
In 2012, a DOJ investigation found that Florida was institutionalizing these children with disabilities in its nursing homes.
Central Florida Negligence Attorneys
The personal injury attorneys at Bogin, Munns & Munns have more than 40 years of experience handling nursing home abuse and neglect cases in Florida. If you or someone you know has been a victim of another’s negligence, contact us today to learn about your rights and obligations under Florida law and to contact us for your free personal injury consultation.
NOTICE: The article above is not intended to serve as legal advice, and you should not rely on it as such. It is offered only as general information. You should consult with a duly licensed attorney regarding your Florida legal matter, as every situation is unique. Please know that merely reading this article, subscribing to this blog, or otherwise contacting Bogin, Munns & Munns does not establish an attorney-client relationship with our firm. Should you seek legal representation from Bogin, Munns & Munns, any such representation must first be agreed to by the firm and confirmed in a written agreement.
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