Originally Posted - November 17, 2005


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Caregivers Arrested For Alleged Abuse of Elderly Patients

TALLAHASSEE - Two South Florida caregivers have been arrested in separate cases for alleged abuse or neglect of elderly residents of patient care facilities. One of the incidents of neglect is believed to have led to the death of a resident at a Miami assisted living facility.

The arrests, involving facilities in Miami-Dade and Palm Beach counties, resulted from investigations by the Attorney General's Medicaid Fraud Control Unit, acting on information received from the Department of Children and Families and the Patient Abuse, Neglect and Exploitation (PANE) Project.

"The outrage of these two incidents is unspeakable," said Attorney General Charlie Crist. "These caregivers were responsible for those in their care, but instead allowed them to suffer. In one case, we believe that gross neglect resulted in the needless death of an injured patient."

The investigation into a death at The Gardens at Kendall revealed that facility administrator Mayra Del Olmo, 62, did not provide prompt medical attention to the victim after a May 9, 2004 fall that seriously injured the victim's leg. Even though records indicate the victim fell at approximately 10:30 a.m., she did not receive any medical attention until 5 that evening. As a result of complications from the injury, the victim died two days later. Del Olmo was the administrator and main care giver at the assisted living facility, which is located at 8820 S.W. 79th Avenue in Miami.

The second incident was investigated amid allegations that certified nursing assistant Babette Briner, 65, shook and struck one of the residents at Sutton Place Care Center, a nursing home located at 4405 Lakewood Road in Lake Worth. Briner was observed shaking and striking the 91-year-old resident on Oct. 8.

In the Miami case, Del Olmo was charged with neglect of an elderly person or disabled adult, a second-degree felony. If convicted, she faces a maximum of 15 years in state prison and a fine of up to $10,000. Her case will be prosecuted by the Miami-Dade State Attorney's Office. In the Lake Worth case, Briner was charged with one count of abuse of an elderly person, a third-degree felony. If convicted, she faces up to five years in prison and a $5,000 fine. Her case will be prosecuted by the Palm Beach County State Attorney's Office.

The PANE Project plays a key role in detecting abuse and neglect of elderly and disabled patients, helping to ensure that efficient and effective health care is being provided. Under the initiative, the Medicaid Fraud Control Unit provides investigative services in conjunction with other state and local agencies to protect the rights and dignity of Florida's elderly and disabled adults. Since its inception in 2004, the project has fielded close to 19,000 contacts, including complaints originating at nursing homes, assisted living facilities, state facilities and hospitals. The Attorney General's Office has established dedicated PANE teams in Miami, Tampa and Tallahassee.

A copy of the arrest affidavit for Del Olmo (The Gardens at Kendall) is available at: http://myfloridalegal.com/webfiles.nsf/WF/MRAY-6J8JUP/$file/GardensAffidavit.pdf

A copy of the arrest affidavit for Briner (Sutton Place) is available at: http://myfloridalegal.com/webfiles.nsf/WF/MRAY-6J8JVE/$file/SuttonPlaceAffidavit.pdf
11-17-05

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