If something happened at EMORY L BENNETT MEMORIAL VETERANS NURSING HOME, start with the incident timeline
Families often search for a nursing home abuse lawyer after a fall, fracture, pressure sore, infection, sepsis, choking event, medication error, dehydration, malnutrition, elopement, assault, hospital transfer, or death. The first question is not whether you already know it is a case. The first question is whether the records explain what changed and whether the facility followed the resident's care plan.
What changed?
Write down the first sign: pain, bruise, wound, fear, weight loss, fever, confusion, breathing trouble, missed medication, hospital transfer, or death after decline.
What did the facility say?
Save the exact explanation, who gave it, when family was notified, whether the story changed, and whether any incident report was mentioned.
What records can confirm it?
Compare the care plan, assessments, nursing notes, medication records, wound records, transfer papers, hospital records, photos, and witness names.
CMS facility facts
CMS certification number
105840
Legal business name
FLORIDA DEPARTMENT OF VETERANS AFFAIRS
Ownership type
Government - State
Provider type
Medicare and Medicaid
First approved for Medicare/Medicaid
1994-01-19
Chain name
FLORIDA DEPARTMENT OF VETERANS' AFFAIRS
Average residents per day
114.9
CMS processing date
2026-05-01
Inspection, staffing, and penalty indicators from CMS
These CMS fields are public facility indicators. They can help families decide what records to ask for, but they do not prove what happened to a specific resident.
Overall rating
3
Health inspection
3
Staffing
4
Certified beds
120
Recent standard survey date
2024-10-17
Recent health deficiencies
5
Recent complaint health deficiencies
0
CMS abuse icon
No
Reported total nurse staffing hours per resident day
4.14455
Total nursing staff turnover
57.8%
Number of fines
1
Total fines
$9,503
Total penalties
1
Special focus status
Not listed
What this profile is for
This page helps families organize facility research around one Florida nursing home. It includes CMS provider details, ratings, inspection-cycle counts, penalties, ownership records, staffing indicators, and family evidence checklists. Use it as a starting point before comparing the public record with your loved one's chart, photographs, hospital records, care plan, and what the facility told the family.
When this profile may matter for a legal review
A lawyer reviewing a possible Daytona Beach nursing home neglect case will usually look for the connection between risk, care plan, staffing, charting, treatment delay, injury, and damages. Public records can support that review by showing facility-level context, but the resident-specific medical records remain central.
Falls or fractures
Ask for fall-risk assessments, supervision orders, incident reports, witness statements, therapy notes, hospital imaging, and post-fall neurological checks.
Pressure injuries or wounds
Ask for skin assessments, turning and repositioning records, wound measurements, photographs, nutrition and hydration records, infection notes, and treatment orders.
Infection or sepsis
Ask for vital signs, labs, wound or UTI notes, physician notifications, antibiotic orders, hospital transfer records, and when staff first noticed symptoms.
Medication or sedation concern
Ask for medication administration records, pharmacy notes, psychotropic medication documentation, physician orders, adverse-event notes, and monitoring records.
Medical evidence and records
Published care issues families should compare with EMORY L BENNETT MEMORIAL VETERANS NURSING HOME records
Medical and patient-safety sources help families ask more precise questions. They do not decide whether neglect occurred, but they explain what records commonly matter for serious nursing-home injuries.
42 C.F.R. § 483.25(b)
Pressure-ulcer prevention and treatment duties
Federal quality-of-care rules specifically address skin integrity. Facilities must provide care consistent with professional standards to prevent pressure ulcers unless clinically unavoidable, and residents with pressure ulcers must receive necessary treatment to promote healing, prevent infection, and prevent new ulcers.
Use this when the facility says a bed sore was unavoidable. Ask what risk assessment, prevention plan, offloading, wound treatment, infection monitoring, and care-plan changes were documented before and after the wound appeared.
Electronic Code of Federal Regulations
Federal resident-rights and quality-of-care rules
Hygiene, toileting, incontinence care, and dignity
Basic daily care can affect dignity, skin integrity, infection risk, continence, comfort, and preventable decline. Toileting and hygiene concerns should be compared with the resident's care plan and daily-care documentation.
Ask for toileting plans, shower sheets, bathing records, bowel logs, brief-change records if kept, skin checks, call-light records if available, care-plan revisions, physician notification, and family-notification notes.
Electronic Code of Federal Regulations
Report a problem to FDA
Medication adverse-event and product-problem reporting
FDA provides public pathways for reporting problems involving drugs, biologics, medical devices, foods, cosmetics, and other regulated products, including adverse events and product quality concerns.
Use this when a medication error, adverse drug event, drug mix-up, labeling issue, or possible product problem needs to be separated from the nursing home's own medication-administration records.
U.S. Food and Drug Administration
Wandering guidance
Dementia wandering and safety planning
The Alzheimer's Association describes wandering risk in dementia and practical safety planning, including supervision, routines, unmet needs, and reducing the chance that a person becomes lost.
Use this when a resident had dementia, exit-seeking, prior wandering, door-alarm issues, unsafe walking, elopement, exposure, injury, or a facility response that did not match known risk.
Alzheimer's Association
Federal nursing-home standards
Federal rules that can frame the record review
Federal long-term-care rules are useful because they connect resident rights, care planning, quality of care, nursing services, and abuse or neglect prevention to the documents families should request.
42 C.F.R. § 483.12
Freedom from abuse, neglect, and exploitation
Federal rules prohibit abuse, neglect, exploitation, and misappropriation of resident property, and require facilities to develop policies for prevention, reporting, and investigation.
Use this when the concern involves physical abuse, sexual abuse, staff violence, resident-on-resident assault, unexplained injuries, neglect, or a report that was not handled seriously.
Electronic Code of Federal Regulations
42 C.F.R. § 483.21
Comprehensive person-centered care planning
Federal rules require comprehensive care plans based on resident assessments, with services designed to meet medical, nursing, mental, and psychosocial needs.
Use this when a facility says an injury was unavoidable. Ask what the care plan required before the incident and what changed afterward.
Electronic Code of Federal Regulations
42 C.F.R. § 483.25
Quality of care
Federal quality-of-care rules address a facility's obligation to provide care and services that help residents attain or maintain their highest practicable well-being.
Use this for falls, pressure injuries, nutrition, hydration, mobility decline, infection concerns, avoidable pain, or a sudden change that staff did not escalate.
Electronic Code of Federal Regulations
42 C.F.R. § 483.35
Nursing services
Federal rules require sufficient nursing staff and licensed nursing services to meet resident needs based on resident assessments and care plans.
Use this when records mention short staffing, unanswered call lights, missed turning, missed toileting, delayed response, or no one watching a high-risk resident.
Electronic Code of Federal Regulations
Florida law and reporting
Florida legal sources families near Daytona Beach should know
Florida sources can help families separate resident-rights questions, regulatory complaints, ombudsman help, civil enforcement, and deadline concerns. This is public information, not legal advice.
Florida Statutes § 400.022
Florida nursing-home resident rights
Florida law lists nursing-home resident rights, including dignity, privacy, communication, grievance rights, access, and rights involving health, safety, and personal care.
Use this when a loved one was ignored, isolated, not kept clean, not told what was happening, or when family communication and access became a problem.
Florida Legislature
Florida Statutes § 400.023
Florida civil enforcement for resident rights
Florida law addresses civil actions related to nursing-home resident rights. The specific legal theory, parties, damages, deadlines, and proof requirements depend on the facts.
Use this as the legal starting point when a serious injury, hospitalization, or death may be connected to violated resident rights. A Florida lawyer should evaluate the details.
Florida Legislature
Florida Statutes § 400.0233
Florida presuit notice and claims evaluation
Florida law describes a presuit notice and claims-evaluation process for nursing-home resident-rights and negligence claims, including a 75-day evaluation period, tolling provisions, informal discovery, settlement response, and mediation.
Use this as a reason not to wait or guess at the deadline. A Florida lawyer can identify the right prospective defendants, preserve records, serve notice correctly, and calculate filing timing from the actual facts.
Florida Legislature
Florida Statutes § 400.147
Florida adverse incidents and risk management
Florida law addresses nursing-home internal risk management, quality assurance, incident review, corrective action, and adverse incident reporting.
Use this when a fall caused fracture, brain or spinal injury, transfer to a more acute level of care, death, or other serious harm. Ask what internal incident review, corrective action, or reportable-event process was triggered.
Florida Legislature
How to review EMORY L BENNETT MEMORIAL VETERANS NURSING HOME using public records
Families may search for EMORY L BENNETT MEMORIAL VETERANS NURSING HOME reviews because they want to know whether the nursing home is safe, responsive, clean, properly staffed, and honest when something goes wrong. This page is a public-record review, not a consumer testimonial page. Start with the CMS ratings, inspection and complaint indicators, staffing data, fines, penalties, ownership details, and official source links, then compare those signals with the resident-specific records.
Review caution
A public-record review can raise better questions, but it does not prove abuse or neglect. The most important review is the comparison between facility-level records and what happened to your loved one.
Learn how Florida nursing home reviews workWhat the CMS data may suggest
These are plain-English prompts from public CMS provider data. They are not legal conclusions and should be checked against the underlying CMS and Florida records.
Local research context
Families usually need more than one facility page. Compare EMORY L BENNETT MEMORIAL VETERANS NURSING HOME with other Volusia County records, nearby facilities, and statewide CMS concern lists before deciding what questions to ask next.
County page
Volusia County facility research
29 CMS-listed facilities
City page
DAYTONA BEACH facility research
10 CMS-listed facilities
Statewide CMS lists that include this facility
These lists are not accusations. They are ways to find official CMS signals that may deserve closer review.
What this page does and does not claim
This profile uses official CMS provider data as a research starting point. It does not say that EMORY L BENNETT MEMORIAL VETERANS NURSING HOME abused or neglected a resident. A facility rating, fine, complaint deficiency, or abuse-icon history can raise questions, but a family still needs the resident-specific timeline and records to understand what happened.
Public legal examples that explain why records matter
These examples are not about EMORY L BENNETT MEMORIAL VETERANS NURSING HOME. They show why nursing home records, resident rights, admission paperwork, staffing facts, and official source documents can affect how families and lawyers evaluate a case.
U.S. Supreme Court · 2023
Health and Hospital Corp. of Marion County v. Talevski
The Supreme Court held that the Federal Nursing Home Reform Act provisions at issue created rights enforceable through a federal civil-rights claim. It is not a typical private negligence case, but it shows that resident-rights statutes can matter when the facility is a public actor.
U.S. Supreme Court · 2017
Kindred Nursing Centers, L.P. v. Clark
The case shows why admission paperwork matters. Arbitration agreements can affect whether a family fights in court or in a private arbitration forum, so families should preserve admission documents before speaking with a lawyer.
Florida Supreme Court · 2011
Shotts v. OP Winter Haven, Inc.
After a serious fall, fracture, or death, the admission packet can shape the legal path. Families should preserve arbitration agreements, powers of attorney, resident-rights forms, and any documents that limit remedies or procedure.
Public legal examples
Cases and public matters that show why documents matter
These examples are not allegations about EMORY L BENNETT MEMORIAL VETERANS NURSING HOME. They show why admission paperwork, resident-rights statutes, facility ownership, staffing facts, timelines, and proof details can matter when a lawyer evaluates a nursing-home claim.
Health and Hospital Corp. of Marion County v. Talevski
Resident-rights claims can involve federal law
The Supreme Court addressed whether provisions of the Federal Nursing Home Reform Act could support a federal civil-rights claim against a public nursing facility.
This does not mean every nursing-home injury is a federal case. It shows why resident-rights statutes and facility ownership can matter in legal analysis.
U.S. Supreme Court / Oyez
Health and Hospital Corp. of Marion County v. Talevski
Primary Supreme Court opinions should anchor case-law research
The Court's opinion is the primary legal source for the Talevski resident-rights decision, which addressed whether certain Federal Nursing Home Reform Act rights could be enforced through a civil-rights claim.
Use the opinion as the anchor source, then use Oyez, SCOTUSblog, Justia, or FindLaw only to help translate the issue into plain English.
U.S. Supreme Court
Kindred Nursing Centers, L.P. v. Clark
Admission paperwork can affect where a dispute is heard
The Supreme Court addressed arbitration agreements signed with nursing-home admission documents.
Families should save admission papers, powers of attorney, arbitration agreements, consent forms, and facility contracts before a lawyer evaluates options.
U.S. Supreme Court / Oyez
Kindred Nursing Centers L.P. v. Clark
Arbitration clauses can change the path of a nursing-home claim
The official opinion explains why a state rule singling out arbitration agreements for special treatment conflicted with the Federal Arbitration Act.
If your admission packet contains an arbitration agreement, save it. A lawyer may need to evaluate who signed it, what authority they had, and whether the agreement affects court, arbitration, or settlement strategy.
U.S. Supreme Court
Shotts v. OP Winter Haven, Inc.
Florida nursing-home arbitration clauses need document review
The Florida Supreme Court reviewed nursing-home admission arbitration provisions in a negligence and wrongful-death dispute, including whether remedy-limiting provisions conflicted with Chapter 400 public policy.
Use this as a reminder to save the admission packet, arbitration agreement, power of attorney, and resident-rights documents. Do not assume the paperwork is enforceable or unenforceable without legal review.
Florida Supreme Court / Justia
Gessa v. Manor Care of Florida, Inc.
Admission paperwork may try to limit remedies
The Florida Supreme Court reviewed nursing-home admission arbitration paperwork that included remedy-limiting provisions, including a cap on noneconomic damages and waiver of punitive damages, in a resident-rights and negligence dispute.
Use this when a pressure-injury, fall, sepsis, or wrongful-death matter may become a legal review. Save the full admission packet and let a lawyer evaluate any arbitration, waiver, fee, confidentiality, or remedy-limiting language.
Florida Supreme Court / Justia
Mendez v. Hampton Court Nursing Center, LLC
Who signed the admission paperwork can matter
The Florida Supreme Court addressed whether a nursing-home resident was bound by an arbitration agreement signed by a family member during admission paperwork.
Use this when a family member signed papers during a stressful admission. A lawyer may need to review authority, consent, power of attorney, guardianship, and the exact contract language.
Florida Supreme Court / Justia
Kindred Nursing Centers analysis
Supreme Court explainers can help families understand procedure
SCOTUSblog's analysis explains the arbitration decision in practical terms and connects it to the Court's broader treatment of arbitration agreements.
Use this kind of source to understand the legal issue, but still keep the official opinion and your own admission paperwork as the important documents.
SCOTUSblog
Nursing Home Abuse and Negligence Law
Legal encyclopedias can be useful starting maps
Justia summarizes common nursing-home abuse and neglect concepts, including warning signs, proof issues, resident protections, evidence, arbitration, and lawsuit timing.
Use Justia to orient yourself, then verify key points against Florida statutes, federal regulations, medical records, inspection files, and case-specific legal advice.
Justia
Nursing Home Abuse Law
Secondary legal guides can help families organize questions
FindLaw provides a consumer-facing overview of nursing-home abuse law and common legal concepts families may encounter.
Use FindLaw as a checklist for questions to ask. Do not treat a national overview as Florida-specific advice or as a substitute for reviewing the resident's records.
FindLaw
Rehabilitation Center at Hollywood Hills public reporting
Florida nursing-home disaster deaths show why proof details matter
Public reporting after Hurricane Irma described deaths after an air-conditioning failure at a Florida nursing home and later criminal proceedings involving the administrator.
Serious harm and public attention do not replace proof. Families still need timelines, warnings, staffing facts, medical causation, records, and the legal standard that applies.
Associated Press
Follow-up questions based on this profile
- If your concern started with a complaint to the facility, ask whether any outside complaint survey or state review was opened.
- Even when ratings are not one-star, compare public ratings with the resident-specific chart because facility-level scores do not answer what happened to one person.
- Staff turnover is listed as 57.8%. Ask who was actually assigned during the shift, who supervised, and whether agency staff were involved.
- The current CMS provider data does not mark the abuse icon, but abuse or neglect concerns can still require resident-specific records and reports.
Questions families may need answered
- What changed in the resident's condition, and when did staff first document the change?
- Did the care plan match known risks for falls, skin breakdown, infection, hydration, medication, or wandering?
- Were the family, physician, emergency services, or outside agencies notified on time?
- What conduct led to recent fines or penalties, and when did those events occur?
Records to gather before a private review
Official places to check first
Lawsuits, complaints, and inspection findings
When this page discusses lawsuits, complaints, citations, inspection findings, or other facility-specific claims, the information should be tied to source documents and labeled by status. An allegation is different from an official finding, judgment, settlement, citation, or other documented resolution.
Related nursing home injury issues
Use these guides to compare the facility record with the injury or decline your family noticed.
Neglect warning sign
Pressure Ulcers and Bed Sores
Resident safety
Falls, Fractures, and Brain Bleeds
Medication safety
Medication Errors
Dementia care
Wandering and Elopement
Basic care neglect
Poor Hygiene, Toileting Neglect, and Fecal Impaction
Nearby facility profiles to compare
Comparison can help families see whether a concern appears isolated or part of a broader local pattern in public CMS data.
DELAND, Volusia County
Blue Lake Post Acute
Inspection 1 · Deficiencies 10 · Fines 18
DELTONA, Volusia County
WEST VOLUSIA HEALTHCARE AND REHABILITATION CENTER
Inspection 2 · Deficiencies 3 · Fines 16
DELAND, Volusia County
ATHENS POST ACUTE LLC
Inspection 4 · Deficiencies 0 · Fines 10
SOUTH DAYTONA, Volusia County
AVIATA AT SOUTH DAYTONA
Inspection 3 · Deficiencies 6 · Fines 8
DAYTONA BEACH, Volusia County
INDIGO MANOR
Inspection 1 · Deficiencies 8 · Fines 3
Senior Justice Help is a public-information and facility-research website. We are not a law firm, medical provider, government agency, or nursing home regulator. We may help families understand what kind of lawyer to contact or connect with legal resources, but this site does not provide legal or medical advice.
Editorial review
Written and editorially reviewed for family clarity
Written by: Senior Justice Help Editorial Team, Family questions and nursing home records research team
Editorial review: Aron Solomon, JD, Legal commentator, writer, and editor
Last updated: June 23, 2026
Pages are written for families, checked against public agency sources, and reviewed for clarity, sourcing, and overclaiming. The site does not provide medical advice or legal advice.
Aron Solomon, JD, is listed by Muck Rack as a writer and editor with coverage areas including law, politics, marketing, business, and strategy. His public profile is linked for transparency.