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Under state and federal law, Florida nursing home residents have a right to be from abuse, neglect and unnecessary restraints.  The failure of a nursing home to follow the law and safety rules often triggers a complaint.  Magnolia Health and Rehabilitation Center is a for-profit nursing home located at 1507 S. Tuttle Avenue, Sarasota, FL 34239.  The Florida Agency for Healthcare Administration, which licenses and regulates nursing homes in Florida, conducted an unannounced complaint investigation on August 17, 2016 at Magnolia Health and Rehabilitation Center.  At that time, the State of Florida investigators substantiated an allegation and cited this nursing home for numerous violations of law under the federal Nursing Home Reform Act and state law. Those violations, based upon the complaint filed against Magnolia Health and Rehabilitation Center, included:

F 166  Right to prompt efforts to resolve grievances.  “A resident has the right to present grievances on behalf of himself or herself or others to the staff or administrator of the facility, to governmental officials, or to any other persons; to recommend changes in policies and services to facility personnel; and to join with other residents or individuals within or outside the facility to work for improvements in resident care, free from restrain, interference, coercion, discrimination, or reprisal. This right includes access to ombudsmen and advocates and the right to be a member of, to be active in, and to associate with advocacy or special interest groups. The right also includes the right to prompt efforts by the facility to resolve resident grievances, including grievances with respect to the behavior of other residents.”  Investigators concluded that the “facility failed to ensure 2 of 5 residents reviewed for grievances had their grievance addressed and resolved in a timely manner.”

F 221  Right to be free from physical restraints. “The resident has the right to be free from any physical restraints imposed for purposes of discipline or convenience, and not required to treat the resident’s medical symptoms.”  State nursing home investigators found that the facility had not met this requirement.   “Resident said the nurse lifted her shirt to reach the tube but due to her combative movement and jerking back and forward the nurse pinned her shoulders to the bed in order to flush her peg tube.” Magnolia’s own employee told investigators that “…he took his left arm and held down her legs and held her on her side while he performed peg tube care.” Residents have a right to refuse care, which in this case, it is alleged that the resident did refuse care; however the nurse allegedly went ahead and proceeded with the task at hand without discussing the resident’s state of mind, condition or concerns with a nursing supervisor or the resident’s physician or family.

As a nursing home abuse lawyer who frequently handles cases involving nursing home understaffing and the physical and emotional abuse committed by staff members themselves and unsupervised residents, I can confirm that these are serious issues which may significantly impact the health and well-being of vulnerable nursing home residents.  If you suspect that a loved one has not received proper care in a nursing home or has become the victim of nursing home abuse and neglect, you have the right to take action under Florida law.  I provide a free, confidential consultation to discuss your rights.  James Edwin Keim, Florida Nursing Home Abuse Lawyer.  Call me toll free at:  (844) 485-7600.