Two doctors and the nursing director of a Lake Worth assisted living facility each were charged Tuesday with one count of aggravated neglect after a 96-year-old diabetic's foot became gangrenous and infected by maggots.
Dr. Joseph Merendino, 40, a podiatrist from Boca Raton; Dr. Donald Freedlander, 79, an osteopath also from Boca Raton; and Barbara Barry, 57, a licensed practical nurse from Lake Worth, were arrested after an investigation by the Florida Attorney General's Medicaid Fraud Unit. If convicted, each faces a maximum of five years in state prison and a fine up to $5,000.
The investigation was spurred by a May 14, 2003, report that the elderly man, whose identity was not released, did not receive proper care for his injured left foot while he was staying at The Courtyards of Crystal Palms in Lake Worth. The foot became infected with gangrene and maggots, according to the Attorney General's Office.
The man was taken to JFK Medical Center, where doctors amputated two toes on his left foot. The hospital notified the state Department of Children & Families of the patient's severe condition. DCF, which investigates allegations of abuse and neglect of the elderly and disabled, forwarded the case to the Attorney General's Office.
"Residents of assisted living facilities are entitled to a level of care that reflects compassion and respect," Charlie Crist, Florida's attorney general, said in a statement Tuesday. "Negligence of this magnitude is deplorable and degrading, and is completely intolerable."
The investigation by the Attorney General's Office alleges that as the elderly man's health declined, the facility failed to increase his level of care "consistent with his needs," according to court documents.
The investigation also alleges that the man's medical file at the facility was forged and that dates when certain care was provided were changed. The investigator with the Attorney General's Office spoke with two forensic experts and determined that the maggots in this case take days, rather than hours, to develop.
The state Agency for Health Care Administration, which licenses assisted living facilities, is conducting an investigation, said Jonathan Burns, the agency's spokesman. The facility's license is active.
An owner of Crystal Palms hung up the phone twice when asked to comment on Tuesday.
All three medical professionals charged have clear and active licenses in Florida, according to the state Department of Health. Despite repeated attempts, none could be reached for comment Tuesday.
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