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Northeast Florida Group Home Shut Down After Residents, Staff Injured in Attack

Our nursing home medical malpractice attorneys report on the Northeast Florida group home that has been shut down after residents and staff were injured in an attack.

They are the most vulnerable among us, yet there continues to be alarming news about the difficulties of keeping disabled adults safe.

Just this month another group home was shut down in Northeast Florida over how the owner handled a violent resident. An investigation was conducted by the Department of Children and Families and the Clay County Sheriff’s Office. According to published reports, an aggressive resident at the Pine Forest group home attacked fellow residents and staff members causing injuries. Staff and residents were simply told to hide from the dangerous person and were instructed not to call 911. The state is assisting to relocate the residents to different facilities.

This follows last year’s closure of a Jacksonville facility, Herlea’s Residential Care, where a client of the Law Firm of Pajcic & Pajcic had resided. Michael Rodriguez suffered horrific injuries during an outing, but was then left in his room to suffer instead of getting medical treatment including surgery for a broken elbow. The owner and a caregiver were arrested. Pajcic & Pajcic was able to reach a confidential settlement in the case. Here is a link to a news story detailing the abuse.

There have also been numerous deaths reported in group homes in the United States and in many of those cases the residents had been restrained. A 2011 “National Review of Restraint Related Deaths of Children and Adults with Disabilities” by Equip for Equality, a nonprofit advocacy group, found that restraints were overused, often with insufficient cause. After examining 61 deaths of disabled people in various settings during the prior decade, the report found that one-third of incidents failed to meet the legal standard for using a restraint, meaning the victims did not pose an imminent danger to themselves or others.

According to Florida Statutes, all residents of Florida residential mental health facilities have certain rights guaranteed by Florida law, including the following:

(g) Persons with developmental disabilities shall have a right to be free from harm, including unnecessary physical, chemical, or mechanical restraint, isolation, excessive medication, abuse, or neglect.

(k) Each client shall receive prompt and appropriate medical treatment and care for physical and mental ailments and for the prevention of any illness or disability. Medical treatment shall be consistent with the accepted standards of medical practice in the community.

We need to be sure to protect the disabled from abuse, neglect and substandard care. If you have a family member or friend who has been neglected in an adult or group home you can contact The Law Firm of Pajcic & Pajcic to discuss your legal options.