Emeritus Corp. v. Pasquariello, 95 So. 3d 1009 (Fla. Dist. Ct. App. 2012)

This case involved a claim of negligence which alleged nursing home abuse. A legal representative for the resident of the nursing home, who had durable power of attorney, brought on this lawsuit after it was demonstrated that there was apparent abuse towards the resident.

In September of 2009, the victim, Mr. Pasquariello, had been admitted as a resident to the assisted living center, Emeritus at College Park. Mr. Pasquariello’s wife was the one who placed him in the facility and took care of all the necessary paperwork to admit him into the home. After almost one and a half years of living at the facility, Mr. Pasquariello ended his stay at Emeritus, and only a month after doing, passed away. Mrs. Pasquariello, the victim’s wife, filed a lawsuit after her husband’s death, claiming that the retirement home victimized her husband in the way they treated him. Physical abuse and blatant neglect were among the allegations presented by Mrs. Pasquariello as representative of her husband’s estate.

Admitting a family member to an assisted-living facility can be quite difficult for many people to do, however, many families must face this reality at some point. Florida has a large population of senior citizen residents, and there are over seventy thousand residents currently residing in assisted living communities throughout this state. Florida laws are in place to provide guidelines specifying what type of care is required at these living facilities. The reality is that negligent treatment of elderly residents occurs even with the regulations in place.

The problem that is sometimes presented with nursing homes is that a family member that is under the constant care and supervision of the facility is not being supervised by their loved ones. Many times frustrated, or over-worked staff members take out personal problems on the residents. There are also occasions when health problems of the residents are not properly monitored. Additional issues associated with nursing home abuse that can be readily observed by family members include:

• Restraint Bruising
• Lack of Hygiene Maintenance, or Pungent Body Odors
• Abnormal Skin Coloring
• Changes in Weight
• Uncomfortable Silence when Visiting

When a person feels as though their loved one is being neglected by their nursing home, a personal injury claim can be filed with the court to hold the facility accountable. Personal injury claims cover negligent acts, and when a nursing home fails to provide adequate care to the residents who live there, their actions are considered negligent.

In the above case, the victim’s wife decided to make a claim for neglect based on how she felt her husband was treated while at the nursing home. It is important for anyone who has a family member residing at an assisted living facility to continuously be aware of the care that their loved one is receiving. Checking up on a regular basis to see how they are being cared for can help to prevent possible harm to them. When you are a regular face at the facility, the employees there will be on alert that a family member visits often and may be reluctant to provide below par care for your family member.

If you feel your loved one may be a victim of nursing home abuse, then it is important to contact a firm that understands the warning signs and what to look for. Contact the Fort Lauderdale nursing home abuse lawyers at Madalon law for a free consultation.