Lawsuits vs. Rose Garden of Orlando Assisted Living

The Rose Garden of Orlando Assisted Living Legal Troubles & Lawsuits for Resident Care Violations

The Rose Garden of Orlando is a 204 bed, for-profit assisted living facility that promises an environment that “promotes maximum independence and dignity for each resident.” The Rose Garden has a Memory Care section called Twelve Oaks memory care which assures families that residents will maintain independence, but remain safe.

Legal History and Ownership Info at The Rose Garden Assisted Living Facility in Orlando

The facility has been owned by Coconut Point Living LLC since December 2012 and is located at 9309 S. Orange Blossom Trail, Orlando, Florida 32837. The facility was previously named “Plantation Oaks Senior Living.”

Since Coconut Point Living LLC has owned The Rose Garden of Orlando, the facility has been fined once by the Florida Agency for Health Care Administration in the amount of $500. That fine was levied due to the facility providing services that it was not licensed to provide to a resident.

Prior Lawsuits Against the Facility Ownership, Coconut Point Living

Recent lawsuits against Coconut Point Living LLC also show that residents have filed allegations of negligence. A summary of these lawsuits is provided below.

Domenic Spirito, as power of attorney for Regina Spirito v. Coconut Point Living LLC

Allegations: Ms. Regina Spirito was a resident of Plantation Oaks Senior Living and required assistance getting in and out of bed or in and out of her wheelchair. Mr. Spirito, her husband, allegedly arranged for the use of a power lift chair for Ms. Spirito, but instructed the staff not to keep the remote within reach of Ms. Spirito. The staff allegedly failed to do so, causing Ms. Spirito to attempt to use it herself, and consequently fall out of the power lift chair. As a result of her fall, Ms. Spirito suffered a low lumbar fracture and incurred additional medical costs from her transfer injury.

Magdalena Garcia v. Coconut Point Living, LLC

Allegations: According to the Complaint, Ms. Garcia was a resident at Plantation Oaks Senior Living when ownership changed. As a result of the change in ownership, Ms. Garcia alleges that she was excluded from activities and other sections of the facility other than her room. 13 days after ownership changed, Ms. Garcia alleged that she was forcibly removed from the facility which resulted in multiple injuries, including fractures of bones, and was forced to live in her vehicle for some time afterward as she had no place to stay.

Attorney Disclaimer

*Each case is different. Prior results do not guarantee a similar outcome or indicate an expected outcome on your particular case. The above prior lawsuit information is for informational purposes only and does not constitute legal advice. The information is not provided in the course of an attorney-client relationship and is not intended to substitute for legal advice from an attorney. This individual case information above is publicly filed information gathered from the publicly filed complaint. This information and these cases are not the work of this law firm. The contents of this website should not be construed as legal advice on any specific fact or circumstance. Your receipt of such information does not create an attorney-client relationship with this law firm or any of its lawyers. You should not act or rely on any of the information contained herein without seeking professional legal advice. Speak with an attorney immediately if you believe you have a viable case against a nursing home, assisted living facility or medical facility.

Complaint and Survey Citations at The Rose Garden of Orlando

In addition to the negligence allegations above, The Rose Garden of Orlando has received several deficiency citations from AHCA with regard to its failure to comply with state and federal regulations. A summary of the three most recent deficiency citation statements is provided below.

Complaint Statement of Deficiencies dated 7/16/2019 at the Rose Garden ALF

The surveyor found that one staff member was not listed on the Background Screening Clearinghouse website. When notified, the Administrator added that employee to the Employee Roster on the Background Screening Clearinghouse website.

Standard Statement of Deficiencies dated 5/28/2019 at the Rose Garden of Orlando and Twelve Oaks

In this survey, a review of the facility’s list of employees on the Background Screening Clearinghouse website revealed that an employee who had been terminated had never been listed as employed at the facility.

In addition, the facility was cited a second time for not correcting a previously cited deficiency. That deficiency was related to the fact that the facility did not file an adverse incident report for an incident where police were called due to an allegation that a staff member was observed pushing a resident. The staff member involved was immediately terminated but no report had been timely submitted to AHCA.

Complaint Statement of Deficiencies dated 4/9/2019

During this survey, the surveyor found that for 1 out of 10 sampled residents, the facility did not keep accurate and complete Form 1823 Health Assessments. That resident’s room was noted with the door wide open, with prescription and over the counter medication on the kitchenette counter and nightstand. The room was messy, with clothes and items piled onto 2 wheelchairs and an office chair. The resident’s Form 1823 stated that he self-administers medication. On interviewing the Administrator, she stated that the resident would not give his medication to the staff and went and got a new doctor to write a new Form 1823 that stated he would self-administer medication. Despite also needing assistance with showering, there were no notes on the Form 1823 regarding this issue.

In the case of another resident, medications were marked as given on several days on a handwritten Medication Observation Record which were not dated. The Medication Observation Record also showed that the medication was not available on a certain date, but there were no notes that the pharmacy had been notified. The Administrator confirmed that the staff had signed the medications as being given when it had not been available.

The surveyor also found that one resident was admitted to the facility but did not have a Form 1823 or an admission diagnosis. In addition, the resident had a letter from the former administrator issuing a 45-day notice of discharge as they could not provide Limited Mental Health services. There was no documentation regarding a mental health diagnosis. The Administrator admitted that the record was incomplete and that they could not provide documentation that the resident required Limited Mental Health services.

Moreover, the kitchen staff could not provide a log of substitution meals that had been dietician approved for the past six months.

The Background Screening Clearinghouse also did not have the names of two staff members on the employee roster. Nor was there a background screening on file for one of those staff members.

Finally, the facility did not file an adverse incident report related to the allegations that a staff member had pushed a resident. The facility was later fined for its failure to file any kind of incident report related to this event.

Potential Negligence Action Against the Rose Garden of Orlando?

From the inspection reports and lawsuits filed against The Rose Garden of Orlando and its owners, the assisted living facility appears to have had resident care issues in the past. Basic administrative tasks, such as listing new employees on the Background Screening Clearinghouse website, confirming that background tests are conducted, and filing adverse incident reports, have been problematic for the Orange County assisted living facility. Requests for medication that needed to be obtained were never filed with the pharmacy, and medication logs stated that medication was given when it was not.

If your loved one resided at The Rose Garden of Orlando and experienced neglect or abuse contact our Orlando assisted living abuse attorneys now. The team of experienced attorneys at Senior Justice Law Firm may be able to help you with your case.

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