Law Enforcement, State Attorneys Review 10 Patients who Died in Sweltering Nursing Home

HOLLYWOOD, Fla. (AP) — Ten elderly patients died after being kept inside a nursing home that turned into a sweatbox when Hurricane Irma knocked out its air conditioning for three days, even though just across the street was a fully functioning and cooled hospital. From the perspective of Florida Gov. Rick Scott and relatives of those at the Rehabilitation Center at Hollywood Hills, criminal charges are warranted. But under Florida law, a prosecution might be difficult. Two of three ex-state prosecutors contacted by The Associated Press had doubts as to whether Dr. Jack Michel, the home's owner, or any of his employees will be charged. All agreed that any criminal prosecutions will hinge on whether the nursing home staff made honest mistakes or were "culpably negligent." Florida defines that as "consciously doing an act or following a course of conduct that the defendant must have known, or reasonably should have known, was likely to cause death or great bodily injury." Hollywood police and the state attorney's office are investigating. The home has said it used coolers, fans, ice and other methods to keep the patients comfortable — and that might be enough to avoid prosecution. "There is a difference between negligence, which is what occurs when you are not giving a particular standard of care vs. culpable negligence," said David Weinstein, a former state and federal prosecutor now in private practice. "So if they are doing everything hu...
Source: JEMS Patient Care - Category: Emergency Medicine Authors: Tags: Patient Care News Source Type: news