Lawsuits and Legal Issues at AdventHealth Care Center Apopka South

Advent Health in Apopka Florida Cited for Multiple Deficiencies

AdventHealth Care Center Apopka South Cited for Multiple Deficiencies

AdventHealth Care Center Apopka South is located at 3355 E. Semoran Blvd., Apopka, Florida 32703 in Seminole County. It is a large, 222-bed, not-for-profit nursing facility that has been owned/licensed by FLNC, Inc. since January 1, 2007.

Since ownership changed in 2007, the facility has been cited by the Agency for Health Care Administration numerous times for failing to comply with state regulations. In 2019, the facility was cited three times for deficiencies; and past years have been similar. A summary of deficiencies this year is provided below. Moreover, the facility has requested rule waivers for additional time within which to satisfy the requirement that nursing facilities submit an approved emergency power plan.

Several lawsuits have also been filed against FLNC, Inc. Three are summarized below:

The Estate of Fabio G. Giraldo, by and through Juan D. Giraldo, Personal Representative v. FLNC, INC., et al.

Allegations: Fabio G. Giraldo was a resident at AdventeHealth Care Center where the facility failed to provide adequate care to Mr. Giraldo. As a result, the Complaint alleges that Mr. Giraldo suffered several falls with one resulting in a large right extra-axial acute hemorrhagic collection, ultimately causing Mr. Giraldo’s death.

Antonia Torres, as legal guardian of Wendy Hernandez v. FLNC, Inc.

Allegations: According to the Complaint, the facility’s negligence resulted in Wendy Hernandez suffering multiple stage III and IV decubitus ulcers, infections of those areas, dehydration, and acute osteomyelitis. The Complaint states that these injuries caused Ms. Hernandez to incur additional medical expenses, and forced her to undergo treatment for injuries that could have been avoided.

The Estate of Ronie Bell Cook, by and through Earl Lee Gallimore, Personal Representative v. FLNC, INC., et al.

Allegations: The Complaint alleges that due to the facility’s negligence, Ronie Bell Cook suffered from inconsistent care and treatment and the worsening of a decubitus ulcer from stage III to stage IV. The exacerbation of this injury caused unnecessary pain and suffering, hospitalization, and aggravation of a preexisting condition.

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. 

Finally, ACHA has also cited the facility for several deficiencies, the three most recent reports are summarized below:

Standard Statement of Deficiencies dated 7/26/2019

During a standard survey, AHCA found one resident whose left hand was contracted with the third, fourth, and fifth digits digging into the palm of his hand, his forefinger was extended and his thumb was moving freely. The resident’s plan of care noted that he was suffering from dementia and he was to have physical therapy and speech therapy as needed. The next day, the resident was observed to be eating with his left hand still contracted, with no split or palm guard on. Although the Director of Therapy stated to the surveyor that the facility screens residents on admission, after falls, and upon referral from nursing staff, as well as annual screenings. However, this particular resident had not been screened for the past three years, for no explanation as to why. Although the resident was known to at times refuse care, he stated that a cushion of some sort would alleviate the pain from his fingernails digging into his palm. The resident was finally provided with a palm guard after the survey.

The same survey found that the staff failed to ensure that insulin was replaced in the Emergency Drug Kit. According to the facility’s policy, the nurse who used the medication should have signed out the insulin on a form, placed a copy in the kit and faxed a copy to the pharmacy. No such documentation could be located. Moreover, the surveyor found that the Emergency Drug Kit had not been replaced in one of the medical storage rooms for almost a month.

Finally, food was not properly stored, as the surveyor found that a large container of gravy had been left out at room temperature for over four hours, which increases the likelihood of causing food-borne illnesses. In addition, the kitchen was stocked with expired products and the facility admitted that they did not monitor expiration dates.

Fire/Life/Safety Statement of Deficiencies dated 7/25/2019

In this survey, the AHCA found that doors were not maintained to allow them to close properly in the case of a fire. In particular, the corridor door for the fire sprinkler riser room was found to not swing freely and the skin of the door was observed to be coming off.

The facility was also cited for its failure to maintain the electrical supply. One refrigerator was found to be using a relocatable power tap which was not in compliance with state regulations. An extension cord was also observed to be connected to a wall outlet near the television, which the Director of Maintenance was not aware of.

Complaint Statement of Deficiencies dated 5/14/2019

In this survey, several deficiencies were found with regard to how the facility treated pressure ulcers. One resident was found to be suffering from pressure sores on the buttocks and ankle. When this resident was discharged to a group home, the resident’s discharge summary stated that the resident’s pressure sores had been resolved, but also included medication for the pressure sore on her ankle.

In another instance, the wound nurse had mistakenly entered eye ointment to be applied to a resident’s pressure ulcers. No other nurse raised concerns regarding this entry and the Director of Nursing confirmed the medical record for the resident showed all the nurses applied the wrong ointment for more than two (2) weeks.

A third resident was found to be suffering from a pressure ulcer at the base of her neck and right shoulder. According to the resident’s husband, the wound had developed approximately two (2) weeks prior and nurses had been changing the dressing on the wound on a daily basis. Although facility procedure required the filing of an incident report and a call to the physician, no one had done so with regard to this resident’s pressure ulcer.

Another resident was observed with very long toenails, and he stated that he had not been able to have them cut since being admitted into the facility, despite his toenails being visibly too long. He stated that he had requested that his toenails be cut but no one had done anything. The Unit Manager stated that a nurse should have noted the condition of his toenails and cut them or schedule the resident to see the podiatrist.

Inadequate, Abusive and Negligent Care is not Normal

If you or a loved one has suffered nursing home abuse or neglect at Advent Health in Apopka Florida, contact one of our nursing home abuse attorneys by either utilizing the chat feature on our website or calling us, toll free, at 888-375-9998.

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