Florida CCRC Accused of Negligence After Death of Patient During Hurricane Ian
A Florida continuing care retirement community is facing a wrongful death negligence lawsuit over the death of a 98-year-old resident who was found deceased in her apartment five days after hurricane Ian swept through the area. According to the family’s lawsuit, shell point retirement community in Fort Myers, FL is accused of failing to evacuate one of their residents during the category 4 storm, which was called the deadliest storm in the state’s history resulting in substantial loss of life.
According to the lawsuit, the decedent’s lifeless body was found on October 3rd, 2022, near the front door of her apartment, which had no power, no phone service, and no food or water, according to reports. Attached to the lawsuit were emails that her family claimed are proof that the decedent’s guardian made arrangements for staff members to evaluate her in the days leading up to the storm. The guardian confirmed that her name was on a list to be moved to a shelter the day before the storm made landfall, according to the media outlet. The lawsuit also stated that the guardian was advised that the building would be thoroughly checked to make sure no one was left behind.
An autopsy report determined that the decedent died of a fatal cardiac event shortly before or after the hurricane struck the area.
Shell Point issued a statement saying they are not able to comment on pending litigation. However, they said their top priority is always the safety and well-being of their residents and that they remain fully committed to upholding the highest standards of care and compassion for those they serve.
Hurricane Ian made landfall as one of the strongest hurricanes ever to hit the United States, flooding homes on both coasts and knocking out electricity to more than 2.5 million people. Almost 6,900 assisted living and nursing home residents from 150 facilities were evacuated from their homes and into other facilities ahead of the hurricane’s arrival. Shell point evacuated residents to generator powered shelters and indicated considerable damage to its campus, including downed trees, broken utility poles, overturned cars and boats, and battered buildings.
The state of Florida has an emergency environmental control rule which requires all assisted living communities to develop detailed plans addressing emergency power that will supplement their comprehensive Emergency Management plans. The rule was enacted in 2017 following Hurricane Irma when power failures in nursing homes in Broward County resulted in 12 deaths.
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Source:
mcknightsseniorliving.com/news/florida-ccrc-accused-of-negligence-in-hurricane-ian-death-of-resident/
