The Palm Beach Post

Suit: Woman, 98, died after being left in sun

Granddaugh­ter says death due to Lakeside Health Center’s neglect.

- By Jane Musgrave Palm Beach Post Staff Writer

WEST PALM BEACH — After spending a lifetime picking vegetables in the fields of Belle Glade, Eva Mae Rhodes died a painful death at age 98 after workers at a West Palm Beach nursing home left her outside unattended where she blistered and baked in Florida’s sun, her granddaugh­ter said Tuesday.

Saying she wants to make sure other infirm elderly people don’t suffer a similar fate, Candace McKinley filed a lawsuit against Lakeside Health Center, claiming its neglect led to her grandmothe­r’s death last year.

“The message I want to send is we will not tolerate the abuse of our elderly,” McKinley told reporters shortly before the 55-page lawsuit was filed in Palm Beach County Circuit Court. “I’m mortified that nothing more has been done.”

Called to investigat­e after Rhodes was brought to St. Mary’s Medical Center on May 27 with a temperatur­e of 103.2 degrees, suffering from heatstroke, severe dehydratio­n and second-degree burns on her shoulders, arms and mouth, an investigat­or for the Florida Department of Children and Families concluded inadequate supervisio­n was to blame.

After Rhodes died two weeks later, the Palm Beach County Medical Examiner listed her cause of death as “hypertherm­ia” caused by exposure to the sun and heat.

But attorney Darla Keen, who is representi­ng McKinley, said she can find no evidence that either

the nursing home or its workers have been held accountabl­e for Rhodes’ death.

DCF spokeswoma­n DaMonica Smith said the agency concluded its investigat­ion before Rhodes died. It turned the inquiry over to West Palm Beach police, the Palm Beach County State Attorney’s Office and the Agency for Health Care Administra­tion, which regulates nursing homes.

West Palm Beach police said their investigat­ion is ongoing. Officials at the Palm Beach County State Attorney’s Office said they need police to find evidence of a crime before they can act.

No one from the Health Care Administra­tion returned an email for comment and neither did an attorney for Lakeside Health Center, which is owned by nursing home giant Life Care Centers of America.

According to the DCF report, no one knows how long Rhodes was left outside. One worker said she noticed Rhodes sitting on the patio at 11 a.m. At 12:37 p.m., paramedics were called after she was brought inside, near death.

“Her shoulders were sunburned and blistered,” DCF investigat­or Janice Elliott wrote. “They are horrible. She fainted and she was unresponsi­ve when she was found.”

When interviewe­d, Amy Saayman, executive director of Lakeside, said Rhodes, who used a wheelchair, was capable of going and in and out by herself. Further, Saayman suggested, Rhodes’ health problems may have been an allergic reaction to something paramedics gave her on the way to the hospital, Elliott wrote.

While noting Saayman’s theories, Elliott offered a different descriptio­n of Rhodes’ abilities. “Victim is a 98-yearold female suffering from advance dementia, physical limitation­s and the infirmitie­s of aging which impedes her ability to provide for her own care and protection­s,” she wrote. “Victim is nonverbal. Victim requires full assistance with (activities of daily life).”

McKinley, 52, of West Palm Beach was raised by her grandmothe­r. She said she is haunted by her death.

“When I was young, she took care of me, and I trusted her,” she said. “The roles turned, and she trusted me to take care of her, and I failed.”

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