Tampa’s Nursing Home Abuse Statistics
Tampa is a city of 377,000 located in Hillsborough County on Florida’s Gulf Coast. With a booming downtown area near Tampa Bay, historic neighborhoods like Ybor City, and sprawling suburbs surrounding the area, Tampa is a rapidly growing city. Unfortunately, like other major Florida cities, Tampa has a major problem with systemic nursing home understaffing, resulting in preventable injury and wrongful death to residents.
23% of Tampa households have a resident above the age of 55, with 17,000 residents aged 65 and over. Like many Florida cities, Tampa has numerous private and public services available for senior residents. Sadly, 3 out of 4 Tampa Bay nursing home residents will personally experience nursing home neglect, or witness the neglect of another resident.
Tampa nursing homes were ill-prepared for the COVID-19 virus. Facilities in the Tampa Bay area were ravaged by COVID in 2020 and 2021, and fared exceptionally poor due to a failure to plan for a crisis like the coronavirus. In 2022, facilities were shut down due to poor resident care and insufficient staff numbers.
None of this excuses resident neglect, and Florida law allows families like yours to hold negligent facilities accountable via a nursing home neglect lawsuit.
Types of Elder Abuse and Their Legal Consequences
Elder abuse is a multifaceted issue that encompasses various harmful behaviors against older individuals. Recognizing the types of elder abuse is critical for stopping the abuse and seeking justice. Below, we delve into each type, outlining their definitions, signs, and the legal consequences they carry.
Physical Abuse
Physical abuse against elders involves intentional infliction of pain or injury, such as slapping, bruising, or restraining. Signs include unexplained injuries, fearfulness around certain caregivers, and sudden changes in behavior. Legally, perpetrators can face criminal charges, including assault and battery, with the potential for enhanced penalties due to the vulnerability of the elderly. Victims and their families can also pursue civil lawsuits for compensation related to medical costs, pain, and suffering.
Emotional or Psychological Abuse
Emotional abuse entails actions that cause emotional pain or distress, including verbal assaults, threats, or isolation. Indicators of such abuse include withdrawal, depression, or anxiety in the victim. Legal repercussions for offenders can include criminal charges for emotional abuse or harassment. Victims may seek protective orders and damages for emotional distress in civil court.
Sexual Abuse
Sexual abuse in elders is any non-consensual sexual contact or interaction. Evidence of sexual abuse might manifest as bruises around private areas, sexually transmitted infections, or sudden mood changes. The legal system treats these acts severely, with criminal charges that can lead to imprisonment and mandatory registration as a sex offender. Survivors have the right to file civil lawsuits for damages arising from the abuse.
Financial Exploitation
This abuse involves illegally or improperly using an elder’s funds, property, or assets. Signs include sudden changes in financial situations, unusual bank withdrawals, and altered wills or deeds. Financial exploiters can face criminal charges for theft or fraud. Victims can seek restitution and recovery of assets through civil actions.
Neglect
Neglect occurs when a caregiver fails to provide necessary care, leading to harm or risk of harm to the elder. It can be evidenced by poor hygiene, malnutrition, or untreated health problems. Depending on the severity of the neglect, legal consequences can range from criminal charges for neglect or abuse to civil lawsuits for damages.
Abandonment
Abandonment is the act of deserting an elderly person by someone who has assumed responsibility for their care. Abandonment can be particularly traumatic, leading to severe health and safety risks for the victim. Legal consequences for abandonment can include criminal penalties for neglect and abandonment, and the possibility of civil claims for damages incurred.
When you need a Tampa nursing home abuse lawyer, call Senior Justice Law Firm. We are dedicated to protecting the rights and well-being of nursing home residents. We stand ready to help hold perpetrators accountable and help families get justice.
7 Examples of Nursing Home Abuse Cases in Tampa
Ybor City Center for Rehabilitation and Healing
Ybor City Center for Rehabilitation and Healing is a for-profit nursing facility located at 1709 Taliaferro Avenue in Tampa, Florida. The legal business name of the facility is Ybor City SNF Operations, LLC.
Valentin, Jamie L. E/O vs. Ybor City Center for Rehabilitation and Healing
Case Details & Allegations:Brittany Lengyel, the surviving daughter and personal representative of Jamie Valentin’s estate, filed a nursing home negligence lawsuit against Ybor City Center for Rehabilitation and Healing. The case, filed in September of 2021, alleges that during her stay at the facility, Ms. Valentin was subjected to neglect resulting in numerous injuries. Her injuries are listed in the case’s complaint as skin tears, lacerations, sepsis, pneumonia, urinary tract infections (UTIs), and a morphine overdose. Ms. Valentin was unable to recover from her injuries and suffered an untimely death.
Rehabilitation and Healthcare Center of Tampa
Located at 4411 N Habana Avenue in Tampa, Florida, is the Rehabilitation and Healthcare Center of Tampa. Rehabilitation and Healthcare Center of Tampa is also known by the legal business name of Fi-Tampa, LLC. It is owned by the Florida Institute for Long-Term Care, LLC.
Bermudez del Valle, Enedina E/O vs. Rehabilitation and Healthcare Center of Tampa
Case Details & Allegations: In January of 2024, the estate of Enedina Bermudez del Valle, represented by Cruz Alameda, filed a nursing home negligence suit against the Rehabilitation and Healthcare Center of Tampa. The case’s complaint alleges that during her residency at the facility, Ms. Bermudez del Valle suffered numerous preventable falls resulting in injury. One fall resulted in a right hip fracture while another resulted in a left femur fracture. Due to her injuries, Ms. Bermudez del Valle had to undergo several serious surgeries. Unfortunately, Ms. Bermudez del Valle was not able to fully recover and passed away.
Bayshore Pointe Nursing and Rehab Center
Bayshore Pointe Nursing and Rehab Center, also known by its legal business name of Sovereign Healthcare of Tampa, LLC., is a for-profit nursing facility in Hillsborough County. The facility can be found at 3117 W Gandy Boulevard in Tampa, Florida. It is owned by Sovereign Healthcare Holdings, LLC.
Carter, Craig vs. Bayshore Pointe Nursing and Rehab Center
Case Details & Allegations: In August of 2023, Craig Carter filed a nursing home negligence case against Bayshore Pointe Nursing and Rehab Center. Mr. Carter alleges that while he was under the facility’s care, he developed a severe bed sore spanning from his lower back to buttocks.
Gandy Post-Acute and Rehabilitation Center
Gandy Post-Acute and Rehabilitation Center, also known by the legal business name of Gandy FL OPCO, LLC., is located at 4610 S Manhattan Avenue in Tampa, Florida. The facility is owned by Tampa 5 FL HOLDCO, LLC.
Walker, Thomas E/O vs. Gandy Post-Acute and Rehabilitation Center
Case Details & Allegations: Ashley Brooke Gaylord, acting as personal representative of the estate of Thomas Walker, filed a nursing home negligence case against Gandy Post-Acute and Rehabilitation Center in May of 2024. The case’s complaint alleges that during his stay at the facility, Mr. Walker suffered several falls resulting in injury and death.
Excel Care Center
Located at 2811 Campus Hill Drive, Tampa, Florida, is Excel Care Center. Excel Care Center, also known as Excel Nursing and Rehab, LLC., is a for-profit facility in Hillsborough County.
Rushing, Kenneth vs. Excel Care Center
Case Details & Allegations: In July of 2024, Kenneth Rushing filed a nursing home negligence lawsuit against Excel Care Center. Mr. Rushing alleges that during his time at the facility, he developed a stage four bed sore on his sacrum requiring debridement surgery.
The Bristol Care Center
The Bristol Care Center, also known under the legal business name of Bristol SNF, LLC., is located at 1818 E Fletcher Avenue in Tampa, Florida.
White, Sarah L. E/O vs. The Bristol Care Center
Case Details & Allegations: In February of 2024, Kimberly Klease Smith, acting as the personal representative of the estate of Sarah White, filed a lawsuit against The Bristol Care Center. The case’s complaint alleges that during her time at the facility, Ms. White suffered from the development and deterioration of severe weight loss, dehydration, sepsis, severe anemia, UTI, viral meningoencephalitis, rectal bleeding, and Candidiasis. Ms. Smith was hospitalized from The Bristol Care Center but ultimately succumbed to her injuries.
Hawthorne Center for Rehabilitation and Healing of Brandon
Hawthorne Center for Rehabilitation and Healing of Brandon can be found at 851 W Lumsden Road in Brandon, Florida. The facility’s legal business name is Hawthorne Brandon SNF Operations, LLC.
Williams, Nora E/O vs. Hawthorne Center for Rehabilitation and Healing of Brandon
Case Details & Allegations: Donald Williams, the personal representative of Nora Williams’ estate, filed a nursing home negligence lawsuit against Hawthorne Center for Rehabilitation and Healing of Brandon in June of 2023. During Mrs. Williams’ time at the nursing home, she suffered from several infections such as MRSA, UTIs, pneumonia, sepsis, an infection in her PEG-tube (feeding tube) site, and Candida albicans (yeast). Additionally, she developed several severe bed sores requiring multiple debridement surgeries. Mrs. Williams passed away from acute hypoxic respiratory failure secondary to severe sepsis with septic shock once she was transferred from the nursing home to a hospital.
A Tampa Nursing Home Abuse Lawsuit Changes the Quality of Care for the Better
The above Tampa nursing home negligence statistics illustrate an industry that is more concerned with its own profits versus care for its residents. This is precisely why the Florida legislature created a private cause of action via Chapter 400 of the Florida Statutes, allowing families to sue negligent Tampa nursing homes for resident care violations.
Even if your motivation is not monetary, by taking a poorly run facility’s money in a settlement, you are getting the attention of the nursing home corporation’s top executives. This ensures that your loved one’s injury is investigated and, hopefully, prevented from happening again.
How to Pursue a Nursing Home Wrongful Death Claim
Losing a loved one due to nursing home negligence is a devastating experience that no family should endure. Pursuing a wrongful death claim won’t bring your loved one back, but it can be a crucial step towards justice and closure. Here is what you need to know about pursuing a wrongful death claim:
- Determine eligibility. Only specific individuals, typically immediate family members or legal representatives of the estate, are eligible to pursue a wrongful death claim. Determining your eligibility is the first step.
- Gather evidence. Collecting comprehensive evidence is critical. Examples include medical records, eyewitness accounts, expert testimonies, and any documentation highlighting neglect or abuse.
- Remember the statute of limitations. Be mindful of Florida’s statute of limitations for wrongful death claims. Generally, the lawsuit must be filed within two years from the date of death.
- Hire an experienced attorney. Hiring an experienced Tampa nursing home abuse lawyer is crucial. We can navigate the complexities of the legal system, ensure compliance with procedural requirements, and advocate on your behalf.
- File the lawsuit. Your attorney will file a lawsuit against the nursing home, alleging negligence or abuse led to your loved one’s death.
Our Tampa nursing home abuse lawyers are deeply committed to assisting grieving families during this challenging time. We provide compassionate, skilled legal representation to help you seek justice and reduce the risk of similar tragedies happening again in the future.
5 Quick Facts You Need to Know About Your Potential Tampa Nursing Home Abuse Lawsuit
- Every Florida nursing home negligence claim is governed by Chapter 400 of the Florida Statutes.
- Every Tampa, Florida nursing home resident has a statutory right to be free of abuse and neglect inside the facility.
- Violations of Chapter 400 Residents’ Rights are grounds for a civil lawsuit against the nursing home.
- If the injury resulted in wrongful death, the decedent’s survivors can file a claim against the Tampa nursing home for the loss of their loved one.
- Our Tampa nursing home abuse attorneys have a combined 50+ years of experience and have some of the largest settlements and awards in this sub-specialty in the state of Florida.
Free Tampa Nursing Home Abuse Lawyer Consultation
Call our law firm today to see if you have a viable case. All consultations are free and we never require an out-of-pocket payment to work on your case. Instead, we get paid only if we recover money on your case. If successful, we accept a percentage of the settlement or judgment as payment for our attorney fees.
Speak with our Tampa nursing home abuse legal team now: 813-616-5999