Assisted living facilities are designed to provide a safe and caring environment for seniors who may need assistance with daily activities. Families entrust the care of their vulnerable relatives to these facilities expecting their loved ones to be well treated and properly monitored.  Unfortunately, situations can arise where understaffing or neglect leads to accidents and injuries. If your grandparent or parent has been hurt due to understaffing or negligence at their assisted living facility in Florida, you might wonder who to turn to for help. The role of Florida trial lawyers is to advocate for residents of assisted living facilities and guide families through the legal process.

When They’ve Fallen and Can’t Get Up

Understaffing in assisted living facilities is a serious concern. With an aging population, the demand for these facilities has increased, and some facilities may not have sufficient staff to meet residents’ needs adequately. This shortage can result in inadequate supervision, delayed response to emergencies, and a lack of assistance with daily activities. Such conditions may lead to falls, medication errors, neglect, or abuse, which can cause harm to residents.

Nowcast WESH 2 News reported a pivotal case that spurred legislative changes aimed at safeguarding vulnerable citizens. In July of 2023, former professional guardian Rebecca Fierle pleaded guilty for her involvement in the death of an elderly man, Steven Stryker in Brevard County, a ward under the state’s court-appointed guardian program. Fierle’s actions were deemed criminally negligent, ultimately resulting in Mr. Stryker’s death in May 2019 while under treatment at Tampa General Hospital. Circuit Judge Samantha Ward, overseeing the case, stated, “I don’t believe incarceration is appropriate.” Fierle had previously pleaded no contest to a felony neglect charge in February.

The judge sentenced Fierle to four years of probation, officially adjudicating her guilty. Moreover, the court upheld the revocation of her guardian license and explicitly prohibited her from providing care to elderly or incapacitated individuals in the future. Investigations revealed that Fierle had signed a Do Not Resuscitate order (DNR) and had the patient’s feeding tube capped, all done without his consent. Crucially, the court was not informed of these decisions, leading the state to conclude that Fierle demonstrated culpable negligence.

For many years, Florida law did not provide for mandatory investigations when an elderly adult passed away under circumstances raising suspicion of neglect. Thanks to the case of Stryker vs. Fierle, Senator Audrey Gibson championed a new bill into law that emphasized the responsibility of the state to thoroughly examine cases of elder abuse, identifying potential service gaps, and considering policy changes to enhance the protection of Florida’s senior citizens.

If You Suspect Negligence…

MANEY | GORDON Trial Lawyers has decades of experience bringing justice to the underserved in assisted living communities. If you suspect that the injury of an elderly loved one is a result of understaffing or negligence at your Florida assisted living facility – or you suspect elderly patient abuse – it’s essential to seek legal counsel from experienced Florida trial lawyers. Our attorneys specialize in elder abuse and nursing home negligence cases and can guide you through the process of seeking justice and compensation for your loved one’s suffering.

Free Consultation: Arranging for a free consultation allows you to discuss your family member’s situation and get a sense of the potential case without any financial commitment. During a consultation with MANEY | GORDON Trial Lawyers, we can evaluate the merits of your case and discuss the best steps forward.

Investigation: Once you decide to proceed, our attorneys will investigate the incident thoroughly. This may involve reviewing medical records, interviewing staff and witnesses, and assessing the facility’s policies and procedures. Gathering evidence is crucial to building a strong case.

Legal Strategy: Our skilled team will develop a legal strategy tailored to your specific case. They will identify the responsible parties, determine liability, and assess the extent of your loved one’s injuries and damages.

Negotiation and Litigation: Many cases are resolved through negotiation with the facility’s insurance company or legal representatives. However, if a fair settlement cannot be reached, we are prepared to take the case to court and fight for your rights in a trial.

Compensation: MANEY | GORDON Trial Lawyers will work to secure compensation for your injuries, which may include medical expenses, pain and suffering, and, in some cases, punitive damages. The goal is to ensure that your family receives the care, support and justice they deserve.

Like what happened with Steven Stryker, elderly individuals must often times rely on caregivers, family members, or professionals to ensure their well-being. Neglect represents a betrayal of the trust placed in these individuals or institutions, eroding the bonds of goodwill that are crucial for a healthy and supportive care environment.

MANEY | GORDON Trial Lawyers recognize the ethical and legal obligations to protect and care for our elderly citizens. Neglect is a violation of these obligations, and we fight for those who violate trust and take advantage of the moral responsibility to protect our most vulnerable members of society. Addressing elderly neglect and endeavoring to provide safety is more than merely a personal, individual familial, concern. Safety, protection and freedom from neglect are human rights.