Maher, Guiley, and Maher, P.C.
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Maher, Guiley, and Maher, P.C. Verdicts and Settlements
Significant Settlement in Shocking Nursing Home Abuse Case
A significant (and confidential) settlement was reached in the case of an 82-year-old woman who was allowed to develop bedsores that became so infected she was forced to have first her left, and then her right, leg amputated. In the two years before her death, one month after her second leg amputation, she fell at least 18 times, suffered horribly from five different infestations of body lice, and was allowed to become severely undernourished and dehydrated.
It was determined that chronic understaffing often contributed to the neglect yet the reasons for lack of appropriately trained or compassionate staff are deliberately inadequate. Nursing homes where abuse occurs consistently are understaffed to increase profits.
Even after receiving poor evaluations and specific directives from state agencies, some nursing homes continue the same pattern of abuse and neglect. According to Maher, Guiley, and Maher partner Steven Maher, "The only way to stop some of these institutions is to obtain significant damages for the pain and suffering they cause.
$800,000 Settlement for Abuse of Elderly Man
In one extreme case of a patient who died after colon-removal surgery due to an impacted bowel, the nursing home flagrantly violated the Florida Administrative Code and regularly failed to report injuries or follow an appropriate care plan. This elderly man suffered abuse for seven months prior to his death.
He had been placed in the nursing home because he was having problems with his balance, yet he was allowed to fall and injure himself on several occasions. Then problems with his diet and constipation began to occur. After he died, with almost six feet of his colon filled with hard stool, his daughter reported concerns about his care. Only then did the full extent of his abuse become known.
The HRS reports stated: "...the most basic tenets of nursing care of dependent residents were not always afforded this resident."
A nursing aid tried to help, reporting to the man's daughter and the nursing home staff that he suspected an impacted bowel. Yet the staff not only misrepresented the patient's bowel movements and diet, they falsified his records. In fact, at one point, there were no entries made on his chart for nine days.
Significant Settlement for Abuse of Alzheimer Sufferer
A 72-year-old nursing home resident who suffered from Alzheimer's disease was at risk for falls and urinary tract infections. The nursing home was inadequately staffed and the nurses poorly trained. The resident developed bedsores and a urinary tract infection.
When the resident was finally admitted to the hospital, he was severely dehydrated and had developed gangrene. During his hospitalization, he died from the infection. The Department of Children and Families investigated the nursing home for abuse and neglect.
Significant Settlement for Nursing Home Abuse Victim
An elderly Merritt Island woman suffered physical abuse, falls, and substandard skin care during the time she spent at a nursing home. She was also roughly handled by a certified nursing assistant, who was eventually reported and prosecuted for elder abuse, particularly elderly women.
Even after the resident fell several times, she was never properly evaluated as being at risk for falls.
Eventually she fell and fractured her hip. Following hip replacement surgery, she developed an infection and her health deteriorated. While in the nursing home, she did not receive adequate turning and repositioning and developed sores on her heel, knees, hips, legs, and elsewhere.
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Please Note:
Statutes of limitation may apply and determine how long you have to file a lawsuit. In the case of personal injury litigation, the type of injury as well as the state the injury occurred in are some of the factors used to determine the length of time you have in which to file a lawsuit. Read the statute of limitations in your state.