A joint investigation conducted by The Miami Herald and an NPR affiliate station has uncovered a series of questionable deaths in Florida nursing homes. The troubling reports are cause for concern for those with loved ones in care facilities.
Miami Herald reporter Mike Sallah combed through decades of state documents on nursing home deaths. Below are a few examples from the 70 questionable deaths that Sallah found:
“Angel Joglar, 71; killed when left in a bathtub of scalding water.”
“Gladys Horta, 74 years old; strapped so tightly the restraints ripped into her skin, causing a blood clot that killed her.”
“Walter Cox, 75 years old; Alzheimer’s patient. Wandered out of a facility for the fourth time; his body was found torn apart by an alligator.”
These reports represent just a few of the 70 questionable deaths that have been coming out of Florida in recent years. The reports suggest that although Florida—once a leader in regulating assisted living facilities—has fallen behind in enforcing standards.
Perhaps part of the problem is that Florida is a retirement hot-spot. It has a rapidly growing elderly population already ahead of the nationwide curve. In recent years, that population has overwhelmed some 3,000 assisted living facilities, and the state legislature is doing little to help. As more and more baby boomers grow into retirement age, Florida may be a preview of what is to come if states don’t take action to improve nursing home care.
According to the non-profit Civic Ventures, the number of Americans over age 65 is expected to grow to 70 million–approximately 20 percent of the population—by 2030. That means that strong laws will have to be adopted and enforced if these facilities are to be places of safety and dignity.
The Miami Herald/NPR investigation found that legislative cuts have severely restricted the Agency for Healthcare Administration (AHCA.,) the governmental body in charge of overseeing assisted living facilities. Annual inspections have been reduced to every other year, and the AHCA has maintained a hiring freeze in recent years rendering them unable to cope with a rapidly growing nursing home population.
Legislative expectations placed on the AHCA essentially mean that it has to do more with less. And thus far the philosophy isn’t working. The Herald/NPR investigation tells of the death of Aurora Navas, an 85 year-old Alzheimer’s patient who wandered out of her facility at night and into a pond. Police reports of the incident show that workers turned off a surveillance camera, disabled an alarm and left a gate unlocked. Two staff members slept while Navas made her way out to a nearby lake, where she drowned in 18 inches of water.
So, what did the AHCA report say about the incident?
“We found that all procedures were followed. The facility has door alarms, proper door locks, and a fenced backyard.”
This suggests that the AHCA did not read the police report or they ignored it. At any rate, the AHCA has adopted a laissez-faire approach to regulation. In the 70 questionable deaths, there were very few consequences. And while the AHCA often identifies violations, it fails to take disciplinary action in a vast majority of cases.
The family of Aurora Navas sued the care facility. The case was settled out of court for an undisclosed amount. Their lawyer, Michael Feller, specializes in bringing cases against assisted living facilities. He said that close examination of nursing home facilities often reveals inadequate living conditions, improperly trained staff and improper oversight. “Essentially what you end up with is basically a bunch of small warehouses for the elderly. And that–I find troubling.” Feller says.
And so do we.
When we put a loved one in a nursing home, we expect that that will be treated with dignity, respect and care. That’s why the phrase “warehouse” disturbs us so much. Our loved ones are people worthy of dignity and respect, not products to be stored away from the world by a failing care system. All too often, trends seem to indicate that the elderly must live in undignified holding bins for the rest of their lives.
And while the news coming out of Florida is troubling, Illinois is no better.
In Illinois, the massive closure of psychiatric hospitals in the 90s now means that these overwhelmed systems have elderly patients living side by side with murderers, robbers and sex offenders. In fact, an earlier DLO article exposes the assaults, sexual assaults and even murders happening in Illinois homes.
This direction is clearly unacceptable. If we want to ensure proper care for our elders—not to mention ourselves—we must demand that this injustice will not be tolerated. Please do all that you can to ensure that your loved one is safe in their facility, and please listen seriously to any complaints of abuse. If you are your loved one has suffered abuse at a nursing facility and you are seeking legal recourse, contact Dolan Legal for your free consultation.
–Steven Flores
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