Nursing Home Residents Deserve Better Than What They’re Getting

The tragedy at the Rehabilitation Center at Hollywood Hills , the nursing home where eight residents died and more than a hundred were at-risk of injury during Hurricane Irma was absolutely horrific. What looked like a case of a tragic accident when first reported has become, as more details are uncovered, a far more complicated and conflicted story.

The recent coverage by the Baltimore Sun says that the Center, which had generators to handle electricity but not to power the air conditioning, made multiple calls to Florida Power and Light, asking them for help. The Center also claims it called Governor Rick Scott to come and help them, but the governor’s office denies those claims happened the way the Center describes. There is a criminal investigation under way into what happened.

What has come to light, however, are allegations and evidence of terrible conditions that existed in the facility before Irma hit. The Sun reports:

“State records showed problems [at the facility] with fire and safety standards, as well as more serious issues with generator maintenance and testing, according to February 2016 reports by Florida Agency for Health Care Administration inspectors.

Inspectors also said they didn’t see a clean, well-supplied facility, noting peeling paint, chipped and scratched doors and floors and furniture in disrepair. There were overflowing trash bins, rusty air conditioning vents, soiled bathtubs and cracked or missing bathroom floor tiles.

The facility’s directors told inspectors that staff needed a refresher course on reporting maintenance and housekeeping issues.”

Larkin Health Systems, which owns the Center, was also charged with healthcare fraud in 2004, as was its owner, Dr. Jack Michel.

Hurricane Irma shed light on how badly nursing home residents are treated

What happened at the Rehabilitation Center at Hollywood Hills is a tragedy, but it is also a good example of the systemic problems nursing homes face, in Florida and throughout the country. As an article in the Sun Sentinel points out, Florida’s nursing homes are not required to carry liability insurance, and because they can be purchased by out-of-state Limited Liability Companies, it can be difficult to track down an owner when something goes wrong. Even when an accountable party can be identified, forced arbitration clauses in the facilities’ contracts often prevent residents and their loved ones from seeking justice in the court, because they have signed away their constitutional rights.

Mandatory arbitration clauses require that you sign away your right to a fair trial by a jury. Instead, if you wish to bring a claim against a nursing home, you  are forced to arbitration. . You would bring your case to an arbitrator, or a panel of arbitrators, and present your evidence and your case. The arbitrator or panel would decide whether or not your claim is just, and whether to award damages. It is supposed to help speed up the judicial process.

In truth, it just makes things more difficult for the injured parties. Arbitrators are supposed to be neutral third-parties, but are often former doctors, administrators and the like. While they claim this gives them the necessary bona fides to render a decision, it really stacks the deck against victims, since their arbitrators may be biased in favor of the facility. Mandatory arbitration clauses usually state that parties cannot bring a class-action lawsuit, either, which makes it more difficult in some cases to actually get justice. This is why the American Bar Association has taken such a strong stand against these clauses and agreements.

The Supreme Court weighed in on a case earlier this year regarding these mandatory arbitration agreements in a nursing home contract. As they often side with businesses instead of people, they sided with the nursing home, 7-1.

Our hearts go out to the families and loved one of the patients who died in the nursing home after Hurricane Irma. We hope that they find the answers they seek, and the peace they deserve. We also hope that this tragedy helps spark a much-needed national conversation on how we care for the elderly and the ill, and how we can put power back into the hands of victims and consumers, where it belongs.

Plaxen Adler Muncy, P.A. is a premier personal injury law firm serving clients throughout Maryland. For the last 35 years, we have helped nursing home residents and their families fight for justice. To schedule a free consultation with an experienced Maryland nursing home negligence lawyer, please call 410-730-7737, or fill out our contact form.

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