Posted On: November 13, 2008 by Cohn, Smith & Cohn

Nursing Home Investigated for Neglect of Disabled Child

The Miami Herald reports that a Miami-Dade nursing home was placed under investigation by the police and three state agencies after a pediatrician found unexplained burns on a 12-year-old resident. Doctors found second-degree burns on the hands and thigh of the girl, who has severe cerebral palsy and can't communicate. An investigator from the state Agency for Health Care Administration, which regulates nursing homes, found no evidence that the girl had been burned, the paper reported, prompting a letter from the pediatrician to Gov. Charlie Crist criticizing the investigator for "apparent lack of due diligence" and suggesting that risk to other residents in the home is high.

The AHCA, the Department of Children and Families and Florida Medical Quality Assurance Inc. were all asked to investigate, along with Miami-Dade police. Compounding the problem is the fact that the girl is very disabled and needs help to perform daily tasks. In fact, the pediatrician and investigators believe that the burns are the result of neglect rather than abuse, in part because she's not well-equipped to provoke intentional abuse. However, no caregivers at the home could explain the burns and none stepped forward to confess. State records show eight complaints of abuse or neglect of children at the home, along with 66 regarding adult residents.

Nursing home abuse and neglect is always horrifying. People disabled or vulnerable enough to need full-time care are almost always unable to fight back; many aren't even able to tell anyone about the problems. The AHCA is supposed to shut down homes that don't meet standards, but as the doctor in this story complained, the system doesn't always work as intended. That's why it's so important for families to stay vigilant when they have a loved one in assisted care. As I have written before, families can also take advantage of the AHCA's online database that collects investigations of health care facilities.

The victim in this case may be getting extra attention because she's a child, but she could just as easily have been a disabled adult. No matter who is the victim, exploiting and abusing vulnerable people placed in your care is morally and legally wrong. If you believe someone you love is a victim of nursing home abuse or neglect, you can take legal action with a Florida nursing home abuse lawsuit, regardless of whether there is any concurrent criminal case. To speak with an experienced Florida nursing home attorney about your case, please contact our firm, Cohn, Smith & Cohn, for a free consultation.