Nursing Home Lawsuits

Nursing Home Abuse and Cracked Sidewalk Safety

2010-11-23T18:50:00.000-08:00

An Iowa nursing home must pay the wife of a short-term patient who died because of a crack on the sidewalk.

The 89 year old deceased victim was only at the nursing home for a short-term stay receiving rehab for a hip repair. The man was ordered to the hospital for some tests. The ambulance crew strapped him in a gurney and was wheeling him out when one of the gurney's wheels dropped into a crack in the walkway.

The gurney flipped over and the victim's head hit the pavement. He went into a coma and never regained consciousness. He died leaving his wife of 64 years.

A jury awarded her almost half a million dollars. Both the nursing home and the ambulance company were sued with the burden on the nursing home.

The nursing home was aware of the cracks but didn't see the need to fix it until after someone died.

The nursing home has a history of regulatory violations.

More Nursing Home Abuse Cases in Pennsylvania

2010-08-28T09:31:00.000-07:00

Pa. nursing home terminated for alleged patient abuse

In less than one month, two employees have been terminated from a Pa. nursing home for abuse and the third employee for failing to report the abuse in a timely manner.

The most recent employee was arraigned for stuffing a sock in the mouth of a wheel-chair bound patient with dementia.

The first employee who has a criminal record was was allegedly pulling the hair of a patient.

Nursing home management claims that the incidences are not related and patient safety is very important with a zero tolerance abuse policy. The Pa. nursing home abuse cases are under investigation.

Nursing home sued for wrongful death, negligence

2010-02-25T10:44:00.000-08:00

A man is suing a nursing home because he claims the defendants failed to protect his mother from avoidable accidents and failed to develop an adequate prevention plan.

He claims his mother suffered urinary tract infections, conjunctivitis, pneumonia, multiple falls, and a head wound as well as dehydration and adequate nutrition.

He claims his mother suffered systemic abuse and neglect leading up to her death almost 3 years after being in the nursing home.

He is seeking compensatory and punitive damages for nursing home negligence and wrongful death.

Nursing Home Abuse: Unspeakable Behavior from Employees

2010-02-08T22:15:00.000-08:00

Young nursing home assistants have demonstrated unspeakable behavior against nursing home patients with Alzheimer Disease and dementia.

And nobody tried to stop them nor monitor their behavior. Either the nursing home management was lax or just turned a blind eye to terribly bad behavior which further exacerbates their crimes.

What were these young girls thinking? Each are facing about a dozen criminal charges each.

Investigators claim these bad girls may have played a part in the abuse of up to 15 patients, over a period of several months in 2008.

Their cruel sexual, emotional, and physical abuse has been recorded on video tape while the patients are screaming and the girls are laughing.

Did the nursing home do a proper job training, supervising, and establishing policies? The nursing home should be held accountable for the bad behavior of its employees.

Nursing home abuse lawsuits are being filed by many family members including some for patients who died during that time.

Restraining financial abuse in nursing homes

2010-01-25T12:45:00.000-08:00

Financial abuse is one of the fastest growing areas of elder abuse.

Usually a simple legal document like a power of attorney designates a person to oversee an elderly person's finances.

In some cases, an offspring didn't even know he or she had been named in the document until the a parent or grandparent became unable to take care of day-to-day financial affairs. Such secrecy generally led to confusion down the road, with the appointee often woefully ignorant of the principal's state of affairs.

Or worse, a healthcare aide or housekeeper or neighbor with ulterior motives might procure a POA and persuade a gullible senior to sign it. The signature of the elderly person was basically all that was required.

In New York, it's a lot tougher now

One safeguard is a multiplicity of signatures. Now both the elderly principal and the agent/offspring/neighbor must sign the POA, and each signature must be notarized.

The document specifically states that when you accept the authority to act as agent, you create a special fiduciary relationship with the principal that imposes legal responsibilities until you resign or the power of attorney is terminated.

Another important provision of the statute is the right of the principal/elderly to appoint a monitor, like a trusted accountant, to oversee the activities of an inexperienced agent or a family member to ensure that an agent acts according to the principal's wishes.

The POA must now keep records and account for every penny, which was not a requirement under the previous law, The new law makes it easier to bring a civil suit against an agent who has acted inappropriately.

Hopefully other states like Pennsylvania will adopt these tougher POA standards to minimize financial abuse for the elderly and in nursing homes.

Nursing home patient prescribed 67 drugs

2010-01-17T14:37:00.000-08:00

In the Johnson & Johnson Omnicare whistleblower kickback case, one nursing home patient was prescribed 67 drugs.

Did the patient actually take all those drugs? Was Medicaid over-billed for all those drugs?

Nursing home abuse runs rampant on so many, many levels.

Some of these drugs included Cipro (an antibiotic used to treat infections of the lower respiratory tract), Neurontin (anti seizures), Heparin (anti coagulant/prevent blood clots), Pepcid (treat & prevent stomach ulcers), Oxycodone (moderate to severe pain reliever/may be habit forming) and Seroquel (schizophrenia/bipolar disorder) or their generics, according to the complaint.

You can see the full list here:

Omnicare, the country’s largest nursing home pharmacy chain, paid $98 million to settle the case.

In September 2005, Johnson & Johnson received a subpoena from the U.S. Attorney’s Office, District of Massachusetts, seeking documents related to sales and marketing of eight drugs to Omnicare. Several employees of the J&J's pharmaceutical subsidiaries were subpoenaed to testify before a grand jury in connection with the investigation.

In April 2009, Johnson & Johnson was served with the complaints in two civil qui tam cases relating to marketing of prescription drugs to Omnicare, Inc.

Over drugging nursing home patients is abuse

2010-01-12T00:20:00.000-08:00

One nursing home director is faces criminal charges for over drugging or chemically restraining three nursing home patients who died as the result.

Reasons for over drugging is not due to medical causes but allegedly as a way to restrain patients who looked at the director for too long.

The nursing director was fired from a previous job for the same reason but nobody bothered to tell the new facility for fear of a lawsuit.

How many nursing home patients do administrators have to injure or harm or kill before someone or some agency speaks up for vulnerable nursing home patients?

Others -- the nursing home administrator and staff doctor -- are also being charged while the pharmacist can plea bargain if she testifies for the prosecution.

It has been estimated that nursing homes give anti-psychotics to one in every four patients. These drugs replace physical restraints, which are now illegal except as a last resort.

Nursing home abuse: Criminals in the corner

2009-12-30T15:06:00.000-08:00

Nursing homes have enough problShow allems with neglect and now there's a fairly new problem doggedly reported by a major newspaper -- that of felon patients on the premises.

In this case the state nursing home residents were the felons not the employees. Felons were wanted for all kinds of crimes including a sex offender who failed to register.

This is so sad and scary because legitimate nursing home residents are already vulnerable and putting felons into the mix just breeds more crimes and abuses against the elderly.

While criminal background checks are required for patients in state nursing homes, these felons had warrants from other states which didn't show up in the localized database.

Nursing Home Abuse - Caught in the Act

2009-12-12T10:56:00.000-08:00

It took a video camera to prove that a nursing home employee was abusing an elderly woman. The former employee only received a 20 month jail sentence. Does that seem enough?

Here's what happened:

On two separate occasions the nursing home employee was caught on tape abusing a 77 year old woman. The first time the wife's right arm was grabbed and twisted forcefully then she was struck three times in the same arm. The second time the wife was roughly shoved in bed and hit her head on the headboard.

Because of the wife's mental state she could not identify her abuser which is why her husband set up the video camera and brought it to the police.

Worst performing nursing homes

2009-12-04T09:14:00.000-08:00

The state of Kentucky has a lot of things in the plus column but nursing homes is not one of them.

According to a report by the U.S. Government Accountability Office, Ten Kentucky nursing homes are among the most poorly performing in the United States.

According to this government agency, the nursing home receiving the worst scores in Kentucky was also the second most poorly performing nursing home in the United States. However, the report did not say which of the Kentucky 10 was the worst, and GAO official could not provide the name.

According to the report, 15 states had more poorly performing nursing homes than Kentucky.
Once again officials are taking these concerns seriously.

A nursing home industry group — the Kentucky Association of Health Care Facilities — is providing education and training to the institutions on the list and to other Kentucky facilities to improve the quality of care.

These cited nursing homes have also been cited by state inspectors previously for putting residents at risk.

Records show that some of the Kentucky nursing homes named in the report as being the worst had also been cited by state inspectors for creating a substantial risk of death or serious physical harm to residents.

Nursing home abuse and violations

2009-11-26T10:20:00.000-08:00

What happens when you think your grandfather or grandmother is relatively safe in the nursing home only to learn that he or she is being house with ex offenders and mental patients?

Scary.

Nursing home patients reported being attacked by ex convicts and the mentally ill when they were all housed together in state nursing homes.

Is this a civil right violation against Grannie or the the ex convicts and mentally ill to separate them?

Unfortunately the consensus is that safety in nursing homes cannot be guaranteed and that the families of residents demand proper care especially as the population ages.

Nursing Home Abuse Rating Plummets

2009-11-17T10:02:00.000-08:00

Image via Wikipedia

Going, going gone. That's what happened to a nursing home that plummeted from five stars to one. Going from excellence to being on the most needs to improve list.

What went wrong?

First there were the numerous complaint investigations, among some of them: An 86 year old resident felt violated when a male nurse placed his hand on her vaginal area. He claimed he was checking for a urinary tract infection. He was fired but the problem was the alleged sexual abuse incident was not timely reported to the state. A 76 year old resident fell five times in one month eventually developing a hematoma; procedures were not in place to prevent falling Shower stalls were soiled with feces.

Part of the problem cited is the rapid change of administrative and supervisory employees and the prevalent use of temporary staff who doesn't know the patients. .

The nursing home has two years to improve its rating.

Nursing home employee sexually abuses patients

2009-10-12T20:42:00.000-07:00

This is the saddest of all nursing home abuse scenarios.

An employee at a nursing sexually abused two different patients. One nursing home victim was mentally impaired and the other. physically disabled.

An eye witness reported the crimes to the police even though the perp employee tried to stop her.

There have been other nursing home abuse allegations at the same home but none have been verified. Lack of adequate management and supervision is an ongoing problem.

The employee was arrested; he has worked as a nursing assistant at this nursing home since 2005 and has worked at other nursing homes in the area.

The Dept of Children & Family Services is looking into the matter to see if it's an ongoing problem or an isolated event. Either way it's a crime against the helpless and must stop.

The perp remains in jail on $500,000 bond.

Prescription Drug Errors & Nursing Home Abuse

2009-09-30T18:00:00.000-07:00

Warning: Nursing home patients are victims of prescription drug mistakes

A recent British study conducted by the Department of Health suggests that unwilling nursing home residents are the victims of prescription drug errors ranging from clerical errors to life altering mistakes.

These mistakes were made by pharmacists, nursing staff, and doctors.

Researchers visited 55 residential and nursing homes over 2.5 years and surveyed 256 residents. Amazingly, the average patient takes 7 or 8 medicines.

In some cases, doctors prescribed the wrong medication or failed to consider how a newly prescribed drug would affect the existing medications. Failure of a doctor to better monitor medications could be caused by the lack of connectivity for when a patient comes back from the hospital with new drugs and that information is not disbursed timely or at all with the resident doctor.

Clerical errors such as putting the decimal in the wrong place has also caused serious to life threatening drug reactions.

Nursing Home Sex - Is it Abuse?

2009-09-23T14:51:00.000-07:00

Is it permissible for a nursing home resident and staff to participate in sex together?

According to the chairman of the board of nursing home administrators the answer would be yes.

Whether the chairman of the board has done his duty to license, investigate, and discipline nursing home admins for nursing home abuse is also in question.

The board's is supposed to serve and protect the thousands of residents of nursing homes.

Last week it was reported that a 20-something aide had repeated sex with a 29-year old brain injured male. Co-workers reported the incidents to supervisors but the chairman did little to even investigate much less take actions. He felt their relationship was meaningful and did not actually harm anyone; others feel this describes nursing home sexual abuse.

In the state of Iowa where the act occurred, a professional caregiver who engages in sex with a nursing home resident can be criminally charged with dependent-adult abuse.

Nursing Home Abuse Thrives When Lack of Penalties Prevail

2009-09-17T19:04:00.000-07:00

Lack of action by one state's board of nursing home administrators breeds nursing home abuse.
In Iowa, the board of nursing home administrators is composed of almost all healthcare professionals. Board members are appointed by the governor. It makes for a relationship like the rooster that guards the henhouse.

The board is designed to help protect 24,000 residents of Iowa nursing homes, many of whom have no family members or friends to oversee their care. The board licenses and reviews the conduct of facility administrators who are ultimately responsible for meeting the needs of the residents. They fail at their mission.

State records show that since 2001, the board of nursing home administrators has disciplined only nine of Iowa's 750 licensed administrators and the discipline has no effect because personnel are retired or in prison.

Infractions were treated as minor when a nursing home admin failed to report repeated sexual abuse by a caretaker.

The board only meets quarterly and has stacks and stacks of reports to review.

There clearly needs to be a better system with more responsible and responsive participants.
Delays in making decision go back 3, 4, and 5 years then impose probation (if the guilty is still around) and minimal fines.

Complaints are kept confidential. Cases like these have resulted in no action: A resident was found dead with her head between the rail of her bed; a resident who choked on food was falsely reported to have a seizure; an administrator illegally transferred residents because she didn't like them; and an administrator put her friend on the payroll and siphoned money to her illegally.

Woman dies from infected bed sore at nursing home

2009-09-12T03:45:00.000-07:00

Woman Dies from Bed Sore at Nursing Home

Bedsores are lesions caused by unrelieved pressure on the skin. Once bedsores become infected, they become fatal. Bedsores are preventable if patients are moved every two hours.

The woman's daughter said, "You could put your whole hand down in her back. "You could see the bones and spinal cord. It was like raw meat."

The 73 year old woman had 15 grandchildren, many who visited her daily. The family complained that there was only one nurse who would run between floors and had no time to check the patients.

Bedsores are an example of nursing home abuse negligence.

The family wanted to take their mother home but each request was met with denials.
By the time the family saw the bedsore, it was horribly infected and caused the patient much pain.

There is no systemwide recordkeeping of bedsores, so patients or families comparing nursing homes can make informed decisions.

Caught in the Sex Act: Nursing Home Sex Abuse

2009-09-02T02:08:00.000-07:00

The recreational leader of a nursing home was caught in the act by another employee who walked in on her as she was engaging in sexual contact with a 60 year old male patient who has diminished mental capacity and is not able to give consent.

The 29 year old staff member was charged with felony second-degree endangering the welfare of a vulnerable elderly person and misdemeanor second-degree sex abuse.

The police are in the dark at this time as whether this was a one time sex act or has happened before or has happened to other patients as well.

Victims are hard to find because of their lack of mental acuity and/or dementia status.

Nursing Home Abuse and Nude Photos

2009-08-27T08:23:00.000-07:00

Two 20-something year old women were arrested because they allegedly took pornographic photos on their cell phones of nursing home residents without their consent.

The two women were employed by the nursing home but were fired when the misdemeanor crime became known.

An anonymous tip led to the investigation which led to the warrants.

Both women turned themselves in to police and deny the allegations.

The incidents happened between April 1 and July 15.

The nursing home claims that the rest of the staff does a job well done and the nursing home should not be judged by two bad apples.

Nursing home patient victimized by bully nurse

2009-08-26T10:49:00.000-07:00

A former certified nurse assistant plead guilty to endangering the welfare of a physically disabled person.

The male assistant abused an 88 year old nursing home resident admitting he struck the bedridden woman in the face, grabbed her arm, and roughly pushed her into the wheelchair. She suffered a broken collarbone and severe facial bruising.

Nursing home staff noticed the woman's injuries the next morning and notified nursing home officials, who reported the incident to the state Department of Health. The matter was then referred to the Attorney General's Office for investigation. Nursing home officials fired the employee the day after the incident.

The assistant was charged with endangering the welfare of a vulnerable elderly person in the second degree, a felony; endangering the welfare of an incompetent or physically disabled person, a misdemeanor; and willful violation of health laws, a misdemeanor.

A judge ordered the perp to time served (two months in jail after his arrest) and to take an anger management class.

Is that enough of a punishment?

Getting physical with nursing home abuse

2009-08-25T07:09:00.000-07:00

A state inspection report indicated that residents at a for-profit skilled care facility complained about an aide’s misconduct for weeks. Although several staff members observed, knew about, or suspected the physical and mental abuse, they failed to quickly report the situation to their superiors.

The state police are examining claims that a nurse's aid threatened to cut a 68-year-old man’s throat, slapped a woman in the face, taunted and insulted other disabled and sick adults, and took food away from a hungry resident of a senior care center.

Allegations abound that the incidents went on for several months before being reported to an administrator.

The senior care center was levied with $20,000 in fines against the 113-bed nursing home. The care center is fighting the fines saying they responded quickly to the problem. However, the state says the fines were levied because of the staff's failure to report the abuse.

The female nurse's aid also denied the allegations.

According to the state report, there is a breakdown of management and supervision and lack of oversight by the staff on weekends.

Elder Abuse Increases Premature Death

2009-08-24T09:14:00.000-07:00

According to a recent study, elderly adults who face abuse and neglect suffer a greater risk of premature death vs. other seniors.

The study conducted by Rush University Medical Center concluded that both cognitively impaired and capable seniors were still at the same risk of death when neglected and abused.

Healthcare professionals and others who serve the elderly need to identify and report suspected cases of abuse or self-neglect early and act quickly to fix problems.

Abuse refers to psychological/emotional abuse, physical abuse, sexual abuse, caregiver neglect or financial exploitation.

The study found that elder abuse was associated with a more than two-fold increased risk of premature death from all causes and an almost four-fold increased risk of premature death from heart disease specifically.

The study also found that increased mortality was significant for older adults subjected to abuse or neglect no matter what their level of physical or cognitive function, except for one group: abused elders with the highest level of functioning. This group had more insights into the dangers of abusive behaviors and were more likely to seek help or modify their relationship with the perpetrator if possible.

Elder abuse is way behind child abuse in educating the public as what to look for and how to prevent. With the rapidly growing elderly population in this country, problems of elder abuse will become more pervasive.

All tied up: nursing home abuse

2009-08-23T09:31:00.000-07:00

All tied up: nursing home abuse

A nursing home aide tied an 83-year-old woman to her wheelchair with a bed sheet, shut the lights out, and napped. The certified aide napped for an hour while the woman was tied to the chair.

The 72-year-old aide pleaded guilty to violating public health law involving the abuse, neglect, and mistreatment of a person, which is a misdemeanor offense. The aide was required to surrender his certification and is not allowed to work in a nurse’s aide capacity for a year.
You have to wonder: How does an aide go into a common room, turn off the light, and nobody notices?

The restrained resident was incapable of walking or self-care without assistance. She asked for help a few times during the night and at 2:30 a.m. was tied, against her will. The nursing home’s video recorded the aide pushing the elderly resident down a hallway and into a lounge restrained with a bed sheet.

Bed sheets to restraint residents is highly discouraged due to a risk of suffocating and strangulation.

This is one of 10 actions against nursing home personnel in upstate New York. In Syracuse, another aide found guilty of punching a 77-year-old resident in the mouth and stomach. An aide in Utica slapped a 99-year-old resident in the face three times and once in the lower abdomen. Elsewhere two nursing home workers stole an 89-year-old resident’s diamond ring and pawned it for $15.

New VA assisted living center coming to PA

2009-08-22T11:09:00.000-07:00

New VA assisted living center coming to PA

Within two years, a new building which costs around $16 million will be finished and will better meet the medical needs of new and old veterans alike. The location of the site is near Butler, PA.

The new facility will be on one floor and will connect to the Butler VA Hospital's rehabilitation therapy center. Residents will have their own rooms instead of sharing space. The facility will house primary care, behavioral health, specialized extended care, substance abuse, and physical rehab medicine patients.

Currently, its outpatient programs serve about 125,000 visits per year.

Cell Phone Camera Crime in Nursing Home

2009-08-21T09:24:00.000-07:00

A nurse's aid is being charged for using his cell phone to take a sexually inappropriate photo of a male patient's genitals.

The nurse's aid is being charged with two felonies -- second-degree unlawful surveillance and first-degree dissemination of an unlawful surveillance image.

The male nurse aid was busted after sending the photo to a female co-worker who reported the incident to her supervisor. It was the right thing to do.

The male nurse aid admitted that he took and sent the photo for his own amusement. He is no longer employed by the nursing home and is a husband and father of two children. He also has three prior misdemeanor convictions.

The nursing home plans to review the incident and determine whether it needs to improve its policies and procedures.

Other nursing-home cases this year include the arrest of a man for the sexual abuse of a helpless resident who endangered an 88-year-old disabled resident and the conviction of a woman for kicking an 88-year-old man while he lay in bed.

In New York there is ongoing hidden-camera investigations at nursing homes across the state.
So far, the crackdown of healthcare providers who abuse those in their care has led to the arrest or conviction of more than 75 nursing home employees.

New Jersey Nursing Homes 101

2009-08-20T11:21:00.000-07:00

Nursing Homes 101 - New Jersey

Sometimes there is no planning for a nursing home. Emergencies happen. Grandma slips and falls and then can no longer live independently or perhaps your father goes in for an operation that requires extensive rehabilitation. The very best scenario is to plan the future but sometimes life throws you a curve ball. Here's a quick overview about nursing home regulation in New Jersey.

Who regulates nursing homes? Nursing facilities in New Jersey are licensed, regulated, inspected and/or certified by a number of public and private agencies at the state and federal levels, including the New Jersey Department of Health and Senior Services and the U.S. Department of Health and Human Services, The Centers for Medicare and Medicaid Services (CMS).

Every year the Department of Health & Senior Services conducts approximately 400 full, on-site nursing home inspections and responds to approximately 2,600 complaints. The inspections or a kinder term, surveys, evaluate the nursing home's adequacy, its equipment, staff, policies, procedures, and finances.

The New Jersey Office of the Ombudsman for the Institutionalized Elderly acting as a patient advocate for the eldery investigates allegations of abuse and exploitation of residents of long term care facilities.

The state-wide average of nursing home inspection is once every twelve months. Nursing facility inspections, whether standard or in response to complaints, are conducted without giving notice to the facility. Facilities with poor surveys and numerous complaints are surveyed more frequently than facilities with a history of minimal or no deficiencies.

Complaint surveys are scheduled according to the seriousness of the complaint received. Scheduling often includes off-hours and weekend visits.

At the conclusion of each inspection, the Department's findings are shared with New Jersey nursing home administrative staff in an exit interview and in documents which are later forwarded to the facility.

If the Department has determined that the nursing facility failed to comply with all applicable state and federal licensure standards, the survey report will contain statements of all deficiencies found.

Nursing home deficiencies and plans of correction
A deficiency is a determination by the Department that a nursing home has violated one or more specific state licensure or federal certification regulations. Deficiencies range in scope and severity from isolated violations with no actual resident harm to widespread violations which cause injuries or put residents in immediate harm. Deficiencies may be cited as a result of an on-site inspection or written documentation.

When deficiencies are cited, the Department requires the nursing home to submit a written plan of correction within 10 business days detailing how and when each deficiency will be corrected.

Enforcement remedies
Nursing homes may correct less serious deficiencies without incurring fines or other penalties. If warranted, however, the Department may impose a fine, curtail admissions, appoint a temporary manager, revoke a nursing facility's license, close an unlicensed facility, or impose other remedies, as provided by state or federal law.

The most common penalty imposed by the Department is a civil money penalty. Under the New Jersey state law, the maximum fine the Department of Health and Senior Services may impose is $5,000 per violation, per day. Fines for violations of federal standards range from $50 to $10,000 per day or per instance.

Although rare, nursing facilities with repeat or severe violations of federal licensing standards may be denied payments for new residents admitted after the survey and may have their Medicare or Medicaid certification suspended or revoked by CMS. These nursing facilities would not receive reimbursement for services provided to residents while the facility was subject to such a sanction.

To review an inspection file at the division, write to: New Jersey Department of Health and Senior ServicesP.O. Box 360, John Fitch PlazaTrenton, New Jersey 08625-0360. Attn.: Legal and Regulatory Affairs.

File a complaint about a New Jersey nursing home by calling 1-800-792-9770.

Learn more about the legal rights of your loved one and how consulting a nursing home law firm can help.

Nursing Home Abuse Investigated

2009-07-17T20:03:00.000-07:00

An 87 year old man in a New Hampshire nursing home died as a possible result of elder abuse. The case is being investigated.

When the man was taken to the hospital he had serious sores on his legs, which had been wrapped in bandages where the skin had grown over the bandages.

Also the man's catheter was blocked with blood, his genitals were extremely swollen, and he had cuts and abrasions on his body. The man suffered from dementia and diabetes,
The hospital reported their suspicions to the state attorney general and the department of health.

An autopsy will be performed.

For this man, dying with dignity was not an option.

Nursing Home Abuse Victim Freezes to Death

2009-07-02T17:49:00.000-07:00

The family of an 89 year old woman with dementia who wandered outside and froze to death is suing a nursing home and a nurse assistant for wrongful death.

The 89 year old woman with dementia wears an electronic ankle bracelet. After the exit door alarm went off, the nurse assistant shut it off failing to make the rounds to check if anyone was missing. Instead she went back to watching TV.

The 24 year old nurse's assistant faces 5 years of prison for providing less than substantial care resulting in death.

The case is scheduled to go to trial soon. The woman also lied to police saying that she did a bed check after the alarm went off. She is being held in jail on $99,999 bond.

PA Nursing Home Reporting Update

2009-06-05T09:25:00.000-07:00

More than 300 nursing homes in the eastern region of Pennsylvania began reporting healthcare-associated infections (HAIs) this week to the Patient Safety Authority through its Pennsylvania Patient Safety Reporting System (PA-PSRS).

Nursing homes in central PA will begin June 15 and nursing homes in the western part of PA will begin June 22.

Pennsylvania legislation that was signed into law in July 2007 (Act 52) made it mandatory for all hospitals and nursing homes to report healthcare-associated infections. Nursing homes must report to the Patient Safety Authority and the Department of Health.

Nursing homes had to start from square one to determine what should be reported.

This new procedure will hopefully reduce nursing home abuse in Pennsylvania.

Resources for Nursing Home Bed Rail Equipment

2009-03-07T12:30:00.000-08:00

The Food and Drug Administration (FDA) has drafted several reference tools about entrapment risk when using bed rails. One document in particular, the Hospital Bed System Dimensional and Assessment Guidance to Reduce Entrapment, is an extremely up-to-date piece of literature. This document was drafted in 2004 and approved in 2006. It addresses the risks with using bed rails, and the body parts that are particularly at risk in their use. The FDA also outlines the procedure for reporting an adverse event associated with bed rails.

Various resources are available for those seeking more information about bed rails and the hazards that these devices can present. Many federal agencies have compiled information about their use; you may find it helpful to review these resources if parent or grandparent is in a facility that requires the use of bed rails as a restraint device.

Do your research before making a decision about whether a bed rail is appropriate for your family member. The use of a bed rail should never be a cookie cutter decision.

Bed Rail Entrapment Death in Nursing Homes

2009-03-04T05:05:00.000-08:00

Entrapment can result in serious injury and death.

When a patient becomes trapped between the bed and the side rail, the patient may have compression to the neck or chest area. Compression may mimic crush injuries and can cause serious injury or death.

This compression can be especially serious in patients with clotting and bleeding disorders, weakened bones due to medication or osteoporosis, and the weak or elderly. The latter is also the population on whom side rails are more likely to be used. Patients also may become asphyxiated when they are trapped. This deprives the patient of oxygen and may result in brain damage or death.

The Food and Drug Administration has published many notifications, brochures, and reports about the use of bed and side rails in an institutional setting. These materials have addressed possible dangers and risks about their use and have issued guidance about what practitioners and institutions should do if an entrapment happens, and what can be done to help prevent entrapment. The FDA also established a hospital bed safety work group to look at the safety of the hospital beds and the side rails.

Despite the FDA having knowledge of the entrapment hazard and risks to patient life and safety, the FDA has yet to issue a recall for hospital bed rails and mattresses. This indicates a failure on the part of the FDA to address the issue sufficiently and protect patients from the beds they are using.

Bush Banishes Nursing Home Neglect Evidence

2009-02-28T04:54:00.000-08:00

Just when you think it can't get any worse -- it does.

George W. Bush left office with a low approval rating and a path of destruction. Some of it is widely known and some very secretive.

This cover-up has to do with nursing homes and nursing home abuse and shielding evidence of abuse and neglect from the very people who need it to plead their case in court.

What Bush did was designate Medicare and Medicaid contractors as federal employees in order to prevent their information from being found or heard.

So your grandmother is in a nursing home and she has many bedsores; some which become infected. Finally, she gets real medical hospital care but it's too late; she dies. You sue the nursing home for neglect and abuse but the very records that your lawyer needs cannot be obtained under Bush's new rules.

Why would anyone protect the last shred of information that would help protect the elderly, the terminally ill, the most vulnerable in our society?

Now what?

Bed Rail Entrapment and Nursing Home Abuse

2009-02-27T12:05:00.000-08:00

According to the Food & Drug Administration, there are about 2.5 million hospital and nursing home beds in the United States.

Between 1985 and 2008, 772 incidents of patients caught, trapped, entangled, or strangled in beds with rails were reported to the FDA. Of these reports, 460 people died, 136 had a nonfatal injury, and 176 were not injured because staff intervened. Most patients were frail, elderly or confused.

Hospital bed and side rail entrapments occur when a patient somehow becomes stuck between the mattress and the rail, a gap created by the bed when it is adjusted, or when the patient becomes disoriented and tries to leave the bed without assistance. Some entrapments are more common than others. Common types of entrapments happen in moveable beds (where the bed can be adjusted, thus creating a gap), in narrow spaces between side rails and the mattress, and in the spaces between the bars or PVC materials that make up the side rails themselves. Further entrapments also may happen if a patient becomes entangled in bedding used on the bed, and then becomes entrapped between the side rail and the bed.

Likewise, entrapments may be more likely to happen in specific parts of the bed. These parts commonly are referred to as entrapment zones. Entrapment zones commonly involve flaws in the relationship between the bed and the mattress in use on the bed. These zones may happen if the mattress is either too long or too short for the bed, or if there is a soft – rather than firm – edge to the mattress.

Entrapments can result in serious injury and death.

Nursing Home Care is an Oxymoron

2009-02-16T21:52:00.000-08:00

In a recent survey nursing home deficiencies run rampant as many nursing home residents live in immediate jeopardy and are at risk for harm or death.

There were hundreds of incidents that caused pain or discomfort to nursing-home residents including bed sores and not feeding patients who were not able to eat without assistance.

Nursing home experts said mistakes happen, but the industry has improved its level of care. (Blogger's note: That's a scary thought.) The nursing home industry is among the nation's most regulated and homes can be cited for minor faults to ones resulting in death.

Not every expert agrees that nursing homes have improved their standards. Some think that we now consider the lowest common denominator as acceptable.

Some think that nursing homes are underfunded which account for sub standard care by sub standard employees. Nursing home violations are common, occurring in more than 91 percent of homes and more than 15 percent have serious deficiencies.

Ask Nursing Homes the Hard Questions

2009-01-31T02:50:00.000-08:00

Nursing homes will provide you with the grand tour and a beautiful brochure but that is never enough.

People need to ask the hard questions and the questions that nobody ever thinks about until after the fact and then it could be too late.

This is an interesting website that asks the unusual questions but as you read through them, you'll note that they are not so unusual after all. Rather, they are just born from experience.

For instance:
Does the nursing home help residents wash their face every morning?
Does the nursing home help residents to brush their teeth?
What do the residents do between scheduled activities?
What is the procedure during a fire?

These are just a few of the questions that probably are not mentioned in that fancy brochure.

Relatives Can Abuse the Elderly

2009-01-29T02:27:00.000-08:00

This is sad: More than 50 percent of family members looking after relatives with dementia admit they have behaved abusively toward their relative.

Although physical abuse was rare, most say they have sworn or screamed at their relatives with dementia who can also be abusive or aggressive toward them. Nobody is proud about their bad behavior. All are frustrated care givers assigned their roles without any training.

The most common form of abuse was screaming or yelling at the person with dementia, then came insults or swearing and then threats of sending the person to a nursing home.

The British study is aimed at reducing abusive behavior in such families. The incidence of such abuse in the United States is not known, since comparable studies have not been done here although there are hotlines for Alzheimer's care givers.

Nursing Home Victim Dies from Peanut Butter Poisoning

2009-01-27T07:43:00.000-08:00

A 72-year-old woman living in a nursing home died and her death in linked to the nationwide peanut butter salmonella outbreak. The victim's family is filing a lawsuit against the peanut butter manufacturer.

A 78-year-old male victim also died but it's still under investigation as to the tainted peanut butter was the cause since he had other health problems.

The peanut butter salmonella outbreak is focused on the peanut processing plant of Peanut Corporation of America's Georgia arm. It affects numerous products far and wide that are sold to consumers.

Consumers with questions should view the FDA website for the latest recall information.

Nursing Home Risks: Bed Rails

2009-01-26T16:00:00.000-08:00

The elderly are at risk for many bad and inhumane conditions at nursing homes.

A risk that you not be aware of is bed rails. You would think this device of sorts would help them by not falling out of the bed but since 1985, more than 700 elderly people have been seriously hurt or killed from bed rails.

What occurs?

Bed rail hazards are considered entrapment.

Entrapment occurs when a person's head or other body part gets caught between the bars on the side rail.

Entrapment happens in the space between the rail and the mattress. An elderly or disoriented person may get his or her head stuck in this space which can be fatal.

Entrapment occurs between the mattress and the bed rail. So, when a person rolls over, she does not fall out of bed but instead gets stuck in the space between the mattress and bed rail. An elderly or sick person may lack the strength to free herself and her cries for help may be muffled if her head is face down in the gap between the mattress and the bed rail.

Entrapment occurs under the end of the rail because of a design defect that has the bed side rail raised off of the mattress.

Entrapment happens when bed rails are not continuous on the same side of the bed. Instead, the rail has two or more distinct parts and there is a gap where they come together.

There is often a significant gap between where the rail ends and where the headboard or footboard begins. This is another area where people become trapped. Mattresses that do not properly fit a given bed can create gaps where a person may become trapped resulting in injuries that are similar to those created by bed rails.

In conclusion, there are too many different ways for a elderly person to become entrapped in a bed with a side rail.

Nursing Home Abuse in Pennsylvania

2009-01-23T12:15:00.000-08:00

Oh, to be old and mentally unstable in a Pennsylvania nursing home.

A 94 year old woman with Alzheimers Disease was physically and mentally and routinely abused by five employees in a Pittsburgh Pennsylvania nursing home.

According to a criminal complaint, five former employees have been charged with abuse and assault. At least one of the former employees has a prior record for assault. One employee stomped on the victim's foot. The suspect returned a few minutes later and struck the victim with her hand.

The five employees were immediately suspended without pay, and the County Police launched a full investigation. As soon as they were arrested and charged, the employees were terminated.

Blogger's note: Is there some kind of state database that would collect the names of these five employees and store them so when they go to apply for a similar job of taking care of the elderly or people in need, they are not hired. Once an abuser, always an abuser.

Bad Administration at NJ County Nursing Home

2008-12-25T22:13:00.000-08:00

The freeholders associated with the NJ County's nursing home have recently made an announcement, stating they have been kept in the dark about the home's operations. The home in question is Salem County Nursing Home and Rehabilitation Center, a place that has gained a reputation for accumulating state violations. Now the freeholders themselves have voiced their distress, since it is their responsibility to know what is going on in the nursing home.

The freeholders of nursing home said that at one time, they would receive reports on a monthly basis which they no longer did. The health care provider for the home was also fined a sum of nearly $25,000 for a number of health inspection violations. The administrator for the home was pulled up by the freeholders in their last meeting, because they still didn't have their reports which was inexcusable. Because there have been no reports, the freeholders have no idea about the quality of life of the patients or if there have been any patient injuries.

The home administrator has promised to provide the reports by the end of the month. He also went on to explain the delay, stating that a recent merger meant he had to draw up a new budget and accounting system. But the freeholders are still uneasy, saying that during a time of transition it was all the more imperative to know what is going on at the home. If they could not get a simple update on a regular basis, then it certainly throws the future of the nursing home in doubt.

Unfortunately, it is the elderly residents who will be caught in the middle.

Laundry List of Nursing Home Abuses

2008-11-23T12:41:00.000-08:00

Here's an article that lists so many nursing home violations that it's heart wrenching.

You have to wonder where management is and what kind of training the employees received, if any. Plus it's not their first nursing home abuse fine this year.

If your loved one has been tormented and abused while at a nursing home, please do not hesistate to consult a lawyer.

Understanding Elderly Abuse

2008-10-28T15:05:00.000-07:00

Elderly abuse is an issue most of us just don't think about.

When we hand over our loved ones to a hospital or nursing home, we believe the staff would take the utmost care, especially if the elderly family member is sick or ailing. But the uncomfortable truth is that maltreatment of elders seems to be increasing. Whether it's a caregiver at home or a nursing facility, abuse of elders seems to be on the rise.

So why is elderly abuse happening in the first place? There are a number of very disturbing facts that have recently come to light: One, a number of states don't ask for a background check when a caregiver or nursing home staff is hired. This means that someone with a criminal background can easily find employment. Between 2006 and 2007, researchers found that from nearly 200,000 workers, over 5,000 of them shouldn't have been hired in the first place.

What makes the saga of elderly abuse even more disheartening is that in many cases, family members were responsible for the abuse. Studies show that in 47 percent of cases, the culprits were the adult children of the victim. Another very stunning piece of information reveals nearly 84 percent of elder abuse cases are hidden. This can be due to two reasons -- the victim is either too sick or too much of an invalid to react, much less complain and -- the victim might be living in fear of his life.

In many cases, the elderly are dependent on their abusers, which makes the situation all the more poignant.

Nursing Home Lawsuits: Is Elder Abuse Worse?

2008-10-22T13:06:00.000-07:00

A distressing recent trend that many people are noticing is the rise of Nursing home lawsuits all across the country, even around the world. There are a number of perturbing elements to this issue: The fact that quite a bit of elder abuse is hidden. It means that the victim is either unwilling or unable to tell anyone what's happening. Secondly, many nursing homes are severely understaffed. People with criminal backgrounds are often given employment since there are no efficient employee background checks.

Medicare has recently started a star system in an effort to reduce the number of nursing home lawsuits. This system basically works in the same way as a hotel or restaurant is given stars for service. Five-star ratings are given to nursing homes that perform excellently on the basis of recent inspections. A one-star rating is given to those that are bogged down with multiple problems.

But a number of people think that the rating system isn't enough. This system certainly does have the advantage of helping people out in comparing nursing homes quickly. But the American Health Care Association says that the criteria used just aren't enough. For one thing, the inspection process itself is flawed. Apart from that, input from family and residents is also necessary. It's also important to include past nursing home lawsuits in the institutions' profiles. While the star system might seem like a positive step in the right direction, there is still a lot that needs to be done in terms of curbing elder abuse.

Current Events: Deplorable State of Nursing Homes

2008-10-21T13:46:00.000-07:00

Nursing homes are supposed to be places that provide constant care to people who are deficient when it comes to performing their daily routines.

However, the state of nursing homes is deplorable.

• A study of Special Investigations Division of the House Government Reforms Committee has revealed thousands of cases of nursing home abuse. This abuse includes physical, mental, and sexual exploitation.

• To make the matters worse, the conditions of nursing homes have deteriorated ever since large private firms have entered the nursing home arena. Records collected by Medicare and Medicaid reveal a glaring reduction in the number of registered nurses. Budgets for nursing supplies, resident activities, and other services have reduced.

Nothing seems to be improving despite the regulators’ repeated warnings of inadequate staff levels. This is an ugly state of affairs where investors and operators are earning millions of dollars at the expense of hapless nursing home residents.

Over a period of three years, 15 residents at Habana Health Care Center in Tampa, Fla., died due to what the families contend as negligent care. Vivian Hewitt sued Habana when her mother died after a large bed sore became infected by feces.

Unfortunately, Mrs. Hewitt found that Habana’s owners and managers had spread their control among 15 companies and five layers of firms. Mrs. Hewitt’s lawyers were unable to establish who exactly could be held responsible for her mother’s death.

As our population ages in unprecedented numbers how will nursing homes fare in the future?

Families of nursing home residents must be adequately prepared to deal with the situation today which may hold promise for the residents of tomorrow.

If your parent or grandparent resides in a nursing home and has suffered grievous injury or wrongful death in Pennsylvania and New Jersey, don’t hesitate to contact a law firm to determine if there is evidence for a nursing home settlement.

Turning the other cheek is not an option.

Nursing Home Oversights

2008-10-13T20:14:00.000-07:00

Oversights in nursing home care can result in negligence suits.

The operative word in nursing home is the word nursing. There is good reason for this. When an elderly person is placed in the care of a nursing home it’s because the person is unable to take care of him or herself. Often, the situation is compounded by medical issues that require constant attention. Such careful attention is what the nursing home is being contracted to provide. Again, the primary focus of a nursing home is to look after residents in their care 100% of the time in order to safeguard the health and welfare of the elderly resident.

There will be those instances where the management of the nursing home does not effectively perform their duties. The care of those elderly patients residing in the nursing home may not be consistent. When it comes to issues of properly providing the patients with medication this can prove disastrous when inconsistent care is provided. So, any nursing home that does not deliver on its promised care is negligent and committing nursing home abuse which may be the basis for a civil action.

Do you feel apprehensive about filing a nursing home lawsuit? Challenging a neglectful entity in light of nursing home abuse is not an act of malice. If actions are taken against the neglectful nursing home then other nursing homes will be sure to fall in line. One of the most important points regarding liability cases is -- punitive judgments will usually have a ripple effect through an industry which often leads to the correcting of improper or negligent behavior.

Hospice Denied: Is That Nursing Home Abuse?

2008-09-23T18:04:00.000-07:00

Dear Doctor:

I’m writing you to complain about your treatment of my friend Kathleen Smith (not real name).

She died June 5, 2007. She was your patient. I called your office shortly thereafter to let them know. I also called social security and Secure Horizons.

You probably have hundreds of patients so you may not recall Kathleen Smith. Even though she was under your care for more than 10 years, she’s probably just a patient file number to you – if that.

You may recall that I tried to get her hospice services and you were vigilantly against that last courtesy to give her some comfort.

I called your office for over a week asking if she could get hospice services. When someone called me back, my requests were routinely denied. When I brought Kathleen to her appointment in May 2007, you screamed, “She (pointing your finger at me) wanted to put you in hospice!”

Two days after her doctor’s appointment with you, she was admitted to the hospital with pneumonia. Her breathing was not an issue during the appointment or perhaps you were so angry that I wanted her to get some respite, her breathing difficulty was overlooked.

I have had pneumonia on three occasions and I know pneumonia symptoms don’t develop overnight.

She received excellent care at XYZ Hospital (not real hospital). They thought she was a goner but she fought on. She again ended up at ABC Care Center (not real name) and she again thought she was going home to the substandard 24/7 non-medical care that she was receiving at an outrageously out-of-pocket expense.

A board and care facility in Garden Grove was recommended. Apria delivered a wheel chair and a walker to her residence instead of the board and care facility. We didn’t request a walker because it was evident to me – a non medical person – and the R.N. who owned the board and care facility, that Kathleen would never walk again.

A physical therapist came to the board and care facility. SHE NEEDED HOSPICE! The physical therapist admitted so. Finally, two days later on Mrs. Smith’s death bed as she was turning clammy and blue and gasping for air -- hospice was granted.

At that point, hospice was more for me than Kathleen who lay dying as I held her hand. Hospice was there for me. I was relieved that Kathleen was getting relief and mourned that she could not get hospice help when she was alive and so desperately needed it.

I told the hospice nurse my horror story about trying to get hospice from your office and she just shook her head. I also told the same horror story to all Kathleen’s friends. And now, I’m telling the world that denying hospice and denying dignity at the end of life is what I consider a form of medical and nursing home abuse.

Kathleen was dying. She needed hospice whether it was in a facility or in her home. You, her doctor, seemed to be the only person unaware of how badly she needed this service to make her last weeks and days comfortable.

You denied her of that necessity, of that comfort.

I hope you read the letter that I sent to your office months ago. I hope the CEO of the XYZ Hospital read it as well as the social workers. I hope there is some training for arrogant doctors like you to learn about the benefits of hospice and how not to bully family members and POAs when they request it.

Kathleen’s neighbor who was a former hospice worker urged me to get hospice. She was right, and you, Doctor, was wrong.

I will forever fault how you failed her in the end by not allowing her last weeks and days to be more caring and giving and for not allowing her not to suffer and her inability to die with dignity.

Karyn Z

Why Does Nursing Home Abuse Occur?

2008-09-18T19:57:00.000-07:00

The reasons why nursing home abuse occurs is explored

To many, the concept of abusing the elderly is beyond repellant. To bring harm down upon an older, infirmed person is outright disgraceful. This is why people are so shocked when they discover instances of nursing home abuse. Many then will wonder why nursing home abuse exists and why instances of it are not exposed. There are a few reasons why….

Nursing homes are insulated environments that exist far away from the prying eyes of the public. After all, nursing homes are private property and those who reside in such homes have a reasonable expectation to privacy. So, it is doubtful wandering eyes will be permitted into such an environment. While this is a good thing, it also makes it difficult for instances of abuse to be noticed. This is why anyone who is visiting a relative in the care of a nursing home should be vigilant enough to notice anything that seems out of the ordinary or would hint at abuse.

The other reason is the fact that the residents of the nursing home may be incapable of articulating any nursing home abuse that may be occurring. Keep in mind many of these elderly people have physical and mental ailments that may preclude their understanding of any abuse they suffer. There are those situations where the residents may be silent out of abject fear. This makes raising awareness of a frightening situation somewhat limited.

When instances of nursing home abuse are brought to your attention, it is critical to seek legal action against anyone who may have committed the egregious behavior. If for no other reason any judgment made in such a case will have a ripple effect throughout the profession. This may lead to a number of less than stellar nursing homes to provide an environment that is safe for all its residents.

File Nursing Home Lawsuits - Nursing Home Lawsuits - Nursing Home Company

2008-07-30T07:34:00.000-07:00

When it comes to filing nursing home lawsuits, there can be several possible sources of recovery. You can file lawsuits on different grounds where your compensation will depend on the specific ground on which the case has been filed.

Nursing Home Lawsuits - The Possible Sources Of Recovery

There is a wide array of legal grounds on which you can file nursing home lawsuit. Besides failure to comply with state nursing home statutes, some of the other legal grounds may include negligence, fraud, undue pain and sufferings, breach of contract, failure to provide proper care (as promised), financial irregularities, mental anguish, and other physical and psychological abuses in nursing homes.

One of the biggest nursing home lawsuits for abuse, negligence and fraud, against the biggest nursing home company in the US was filed in March 1998. It was the biggest news that year, as a $95.1 million award in damages jolted the company. However, it is important for you to understand that filing lawsuits against the attendants and filing against the nursing home are two different things.

In general, a nursing home is not responsible for the actions of its employees, irrespective of the intensity of the action. If you cannot prove that the nursing home authorities were directly involved in causing you suffering, you cannot file a lawsuit against them. On the other hand, if it is an individual attendant whom you want to sue for physical or psychological damage, the most you can do is to file a criminal case against him or her. However, even such cases can be filed only if it can be proved that the abuse was intentional.

However, an individual is quite unlikely to be the source of recovery, as usually they do not have enough financial resources to pay for the damage. It is important for you to understand that the most likely source of compensation in nursing home lawsuits is the nursing home itself, not its employees.

The Scenario of Elderly Abuse

2008-07-29T09:17:00.000-07:00

Elderly abuse is often overlooked even though it is serious problem.

When a family places a parent or a grandparent into a nursing home, they assume that the welfare of the family member will be properly safeguarded. In the vast majority of instances, the care nursing homes provide is quite excellent. Nursing home professionals are often committed to providing the best possible care to those in their charge and are not derelict in their duties. Because of this, those under their care find their stay in the nursing home quite comfortable But, as much as we wish this would be the case 100% of the time, the sad fact remains that the care provided by some nursing homes is well below acceptable standards. In some instances, outright abuse of nursing home residents occurs.

Instances of nursing home abuse with elderly patients are hardly a matter to be taken lightly. It is a serious criminal felony and well deserved of prosecution. Now, even though criminal charges may be filed, criminal charges may not be the only recourse to take in such a situation. Nursing home abuse cases often lay the foundation for civil suits as well. And, honestly, it would be very difficult to any nursing home that allows an abusive situation to occur on their watch to walk away from a civil suit with a successful defense. No, this does not mean that every case is a 100% winner. Such an assessment would be far too unrealistic. However, if the negligence is obvious and deliberate then a successful defense may be difficult.

Keep in mind, being guilty of negligence does not always mean deliberate action. Inattentiveness or lack or proper response to an emergency care situation can also be defined as negligent. After all, if a nursing home is not looking out for the welfare of its residents then it is not "nursing". While no outcome can be predicted, the fact remains that a nursing home that is grossly negligent (either by accident or design) has a very difficult position to defend.

Nursing Home Lawsuits - Nursing Home Abuses - File Nursing Home Lawsuits

2008-07-15T15:03:00.000-07:00

Nursing Home Lawsuits - How To Identify Nursing Home Abuses?

If your loved ones have been abused in nursing homes, you can file a nursing home lawsuit. Both the federal as well as the state laws have laws and regulations that apply to the standards of care for nursing homes.

Typically physical abuse can be identified by the presence of bruises, cuts, burns, swellings or any other wounds or broken bones.

Mental abuses generally lead to an inexplicable fear or depression in the resident. Often these are identified through a sudden behavior changes or weird behavior patterns that may develop, like they may withdraw within themselves and show a marked unwillingness to communicate. These symptoms are generally more difficult to identify and isolate in cases of nursing home mental abuse.

Neglect can be evident from overly shabby appearance, bed sores, smell of urine or feces, or aggravated medical conditions, which signify lack of adequate treatment.

While most of the nursing home abuses do show some verifiable physical symptoms and visible evidences, there are others which never come to notice unless the victims explicitly complain about them. Nursing home lawsuits for financial and sexual abuses are generally based upon such complaints.

Nursing Home Lawsuits - Nursing Home Abuse - Nursing Home

2008-07-08T08:19:00.000-07:00

Nursing home is a place that provides constant care to people who are unable to perform their daily chores efficiently. Unfortunately, a spurt in violence and abuse against inmates has resulted in an increasing number of nursing home lawsuits.

Why Nursing Home Lawsuits Are On The Rise?
The answer is obvious. Nursing homes are witnessing increasing incidents of elderly abuse. A study of Special investigations Division of the House Government Reforms Committee has revealed thousands of cases of abuse but it remains to be seen how nursing home lawsuits fare to mete out justice to the victims.

How Is Nursing Home Abuse Defined And What Forms Do These Take?
Broadly speaking, Nursing home abuse can be explained as an act done willfully or carelessly through words or physical action, which causes bodily injury, death or mental trauma to a nursing home resident.

Nursing home lawsuits recognize the following forms of nursing home abuse.

Physical Abuse
Physical abuse is any action comprising physical assault in any form for any reason whatsoever, including punishment.

Mental Abuse
Mental abuse relates to any action that does not cause bodily harm but results in humiliation, harassment, and intimidation.

Isolation
Isolating the nursing home resident from his inmates willfully to cause solitude and deprivation from group activities is a sordid act of abuse.

Sexual Abuse
Sexual abuse of nursing home inmates can take various forms that can consist of rape, molestation, and willful exhibitionism by the nursing home staff.

Even though some people resort to nursing home lawsuits, it is a fact that many cases go unnoticed and unreported. The federal government has an important role to play to encourage reporting of abuse to law enforcement agencies. In addition, the concerned agencies should also ensure that nursing homes strictly adhere to the federal laws that prohibit them from employing nurses who have a previous history of abuse.

Fair conclusions of nursing home lawsuits will also go a long way in reducing instances of abuse.

Nursing Home Lawsuits - Liability Insurance Coverage - Liability Insurance Premiums

2008-07-05T14:59:00.000-07:00

Nursing Home Lawsuits – Their Effect On Policies Pertaining To The Industry

In the last few years, the increasing number of nursing home lawsuits in the United States has placed the industry under severe strain. And the growing percentage of elderly population in the country has only made matters worse! Even though the number of lawsuits filed against nursing homes is on the rise, the average cost of settlement of such cases has been steadily decreasing, as most of these cases are now being settled through third-party arbitration and never really go through a formal trial.

As such, it is difficult to get complete data about the settlement expenses incurred by nursing homes and their insurance companies in settling nursing home lawsuits. However, a sample study revealed that 88% of these cases were resolved through settlements, with the recovery claims averaging over $400,000!

Most liability insurers in Florida stopped writing new policies for such “long-term” care facilities, and the ones who continued the renewals increased their premiums from 100% to 1000%! But there is no way to justify this other than profiteering on the part of insurance companies. This forced almost 1/10th of the nursing home facilities in Florida to operate without any liability insurance coverage!

There is no denying that a majority of such claims against nursing homes are genuine and legitimate – pertaining to either the residents or the staff members or any other companies having dealings with the nursing facilities. Nursing home lawsuits are filed more often against those facilities which provide really poor quality of care or have a larger number of residents, leading to a greater exposure.

Nursing Home Lawsuits - Nursing Home Abuse Cases - Filing Nursing Home Lawsuits

2008-06-25T14:56:00.000-07:00

Nursing Home Lawsuits & The Most Common Forms of Nursing Home Abuse

A growing number of cases of negligence at nursing homes are leading to a rising number for nursing home lawsuits. With an increasing percentage of America’s population aging, nursing home requirements for the elderly are also on the rise. This has increased the demand for trained nursing staff. The imbalance in this demand and supply may be leading to a rising neglect of the aged members!

Most Frequent Categories Of Abuses At Nursing Homes
Below are the categories of abuses for which most of the nursing home lawsuits are filed:

• Neglect – The most common type of nursing home abuse. Research reveals that almost 50% of the un-natural deaths in nursing homes are caused due to negligence, which includes malnutrition and dehydration.

• Physical – While not as common as negligence, physical abuse of nursing home residents has also been in limelight in nursing home abuse cases. Few years ago, there was this story of Helen Love, whose neck and wrist were broken by an irritated staff member, because she had soiled herself, leading to her death.

• Sexual – Cases of sexual abuses, both by staff members as well as other residents, are also very common in nursing homes, including molestations during bathing.

• Financial – Financial abuses are often reported as missing/stolen personal belongings of residents.

• Mental – Mental abuses are very difficult to identify and prove in nursing home lawsuits. They can lead to perpetual fear, depression or even total withdrawal in residents.

State and federal laws require nursing homes to hire adequate staff to meet the daily needs of residents. Any compromise on this provides enough grounds for filing nursing home lawsuits.

Nursing Home Abuse: Lawsuits or Arbitration

2008-06-22T04:42:00.000-07:00

Some nursing homes are requiring families of patients to agree to mandatory arbitration instead of lawsuits if the need arises.

A few senators think that it gives nursing homes a free pass without repercussions to provide inadequate care. Nursing homes argue that it saves them from costly lawsuits. Often the arbitration group is chosen by the nursing home further tipping the scales of fairness away from the family.

If two senators have their way, this will be reversed in order to make way for the Fairness in Nursing Home Arbitration Act to make nursing homes more accountable. What about the man whose father died from a blood infection caused by 14 bedsores? Preposterous? Not this for this family.

Will the two senators be able to convince others to get the Act passed? Stay tuned. In the meantime, a web-based rating system for nursing homes is in the works and should be finished by year end.

Source: Greenbay Press Gazette

Trasylol Litigation Growing; Led by Anapol Schwartz Law Firm

2008-06-17T07:06:00.000-07:00

Is Trasylol the next Baycol?

James Ronca, shareholder at law firm Anapol, Schwartz, Weiss, Cohan, Feldman and Smalley, P.C., was recently appointed co-lead counsel of the national Trasylol litigation's 12-member plaintiffs' steering committee. Ronca has much experience in complex pharmaceutical and products liability cases including Baycol, LOTRONEX, hormone replacement therapy, and breast implants.

Ronca will be representing more than 30 victims, both in local courts and in the national litigation. About 50 cases have been consolidated for pre-trial proceedings and trials by The Multi-District Litigation Panel in The Southern District of Georgia. The steering committee anticipates the filing of 500 additional cases.

Trasylol, manufactured by Bayer AG is administered by an anesthesiologist during coronary artery bypass graft surgery. Trasylol’s function is to limit bleeding.

Trasylol causes kidney failure within 72 hours of surgery and increases the risk of death. After 14 years on the pharmaceutical market, Bayer suspended marketing of Trasylol in November 2007 and pulled Trasylol off the market in May 2008 based on FDA concerns.

Founded in 1977, Anapol, Schwartz, Weiss, Cohan, Feldman & Smalley is a personal injury firm with 25 attorneys and law offices in Philadelphia, Media, Reading and Harrisburg, Pa., as well as Cherry Hill, N.J.

Has a loved one experienced complications and death following coronary artery bypass graft surgery? Most families of victims are not told that their loved ones were administered Trasylol. Most families don’t know to ask. If your loved one experienced kidney failure within 72 hours of CABG surgery, please contact Anapol Schwartz law firm so we can help you determine the cause.

The Patient Safety Authority

2008-05-01T06:21:00.000-07:00

The Patient Safety Authority is an independent state agency established under Act 13 of 2002, the Medical Care Availability and Reduction of Error "Mcare" Act. It is charged with taking steps to reduce and eliminate medical errors by identifying problems and recommending solutions that promote patient safety in hospitals, ambulatory surgical facilities, birthing centers and certain abortion providers. Its role is non-regulatory and non-punitive.

The Authority initiated statewide mandatory reporting in June 2004, making Pennsylvania the only state in the nation to require the reporting not only of Serious Events but also near misses. All reports are confidential and non-discoverable, and they do not include any patient or provider names.

A Successful Beginning – A Plan to Achieve Since its inception, the Patient Safety Authority has primarily been focused on development and implementation of the Pennsylvania Patient Safety Reporting System (PA-PSRS), review and analysis of reports submitted through PA-PSRS, and the distribution of guidance primarily through the Patient Safety Advisory.

The Patient Safety Authority made tremendous strides in fulfilling its mission and in the short time of its existence, has been recognized as a leader in patient safety data collection, analysis and guidance.

In 2007, the Patient Safety Authority Board determined that the Authority should do more to advance patient safety in Pennsylvania. The Board embarked on a strategic planning exercise. They listened to stakeholders, experts and staff. The outcome of this exercise is a strategic plan that the Board believes will guide the Authority’s activities for the next several years.

The Strategic Plan organizes the Authority’s objectives and priorities into a series of initiatives.

These initiatives will be implemented over several years and will be allocated appropriate funding. The 11 initiatives follow:

• Initiative A: Educate Executive Management and Boards of Trustees
• Initiative B: Infection Awareness and Reduction
• Initiative C: Patient Safety Knowledge Exchange (PasSKEy)
• Initiative D: Improve Reporting Consistency and Recommendations
• Initiative E: Increase Effectiveness through Extended Presence
• Initiative F: Governor’s Office of Healthcare Reform (GOHCR) Collaboration
• Initiative G: Data Collaboration
• Initiative H: Patient Safety Methods Training
• Initiative I: Nursing Home Data Analysis
• Initiative J: PA-PSRS System Enhancements
• Initiative K: Maintain Success of Patient Safety Advisory

Implementing the strategic plan initiatives has been a priority in the second half of 2007. For example, The Authority is working with the Hospital and HealthSystem Association of Pennsylvania (HAP) and the American Hospital Association (AHA) to develop/adopt a curriculum for Pennsylvania's CEOs and boards of trustees to understand their role in patient safety. Nursing home data and HAI prevention initiatives are being addressed through the implementation of Act 52. The Authority also met with several Patient Safety Officers throughout the year to present ideas and obtain feedback. These efforts support another strategic plan initiative regarding development of the Pennsylvania Knowledge Exchange (PasSKEy). This electronic confidential forum would allow Patient Safety Officers to discuss problems and share written solutions in their facilities freely with one another to improve patient safety. Also geared toward helping facilities improve patient safety, the Authority plans to hire Patient Safety Liaisons to go into facilities and help them implement better system processes. The PSLs would also obtain valuable feedback from the facilities to learn how the Authority can help them further. The Authority will also hire a Director of Education Programs. For more information on the Authority's Strategic Plan, go to page 12 of this annual report.

Reducing Infections through Act 52
In July, Act 52 of 2007 gave the Authority responsibilities related to the prevention of healthcare-associated infections (HAI) in Pennsylvania. Specifically, the Act calls for the Authority to work with the Department of Health and the Pennsylvania Healthcare Cost Containment Council to collect infection data through the Centers for Disease Control and Prevention reporting system. To eliminate duplicate reporting, the Authority modified the CDC system to satisfy the reporting requirements for hospitals. Hospitals began reporting through NHSN on February 14, 2008.

The Act also requires the Authority to collect HAI reports from the approximately 800 Pennsylvania nursing homes. The Authority is working with the Department of Health to identify what information will be collected and the collection systems and processes. It is anticipated that the nursing homes will be reporting infections by the end of 2008. The Authority has also been charged with analyzing the infection data for Act 13 facilities and nursing homes and making the Patient Safety Advisories available to all.

In accordance with Act 52, the Authority established a panel of HAI experts to provide guidance for the effort to combat infections in Pennsylvania’s hospitals and nursing homes. While developed and managed by the Authority, the Advisory panel is available to counsel all state agencies with responsibilities related to Act 52. More information about Act 52 and the Advisory

Data Collection - Patterns and Trends in Reports Collecting and analyzing reports of Serious Events and Incidents are vital components to the Authority’s educational initiatives. The reports are submitted through the Pennsylvania Patient Safety Reporting System, known as PA-PSRS.
The data was submitted by Pennsylvania’s 511 hospitals, ambulatory surgical facilities, birthing centers and certain abortion facilities. These facilities submitted 211,983 reports; 7,277 were classified as Serious Events (adverse events with patient harm) and 204,706 classified as Incidents (near misses and events that reached the patient but did not cause harm) into PA-PSRS in 2007. Almost 97% of the events in 2007 were classified as Incidents. The Authority believes that robust submission of Incident reports generally indicates a positive culture of safety within a facility that reflects open communication and attention to patient safety efforts. In Figure 1, report volume in 2007 showed an increase of 16,151 reports over 2006, with an increase in both Incidents (8%) and Serious Events (5%).

When reporting an event to the Authority, a facility uses a classification system or "taxonomy" to characterize the occurrence they are reporting. A facility classifies a report by identifying what PA-PSRS defines as the "Event Type." The Event Type essentially answers the most basic question about an occurrence: "What happened?" While there is considerable detail within the taxonomy, at its most basic level, the PA-PSRS classification contains nine Event Types.

Other highlights of data submitted through PA-PSRS during the calendar year 2007 are:

• 512 hospitals, ambulatory surgical facilities and birthing centers were subject to Act 13 reporting requirements. They submitted 211,983 reports of Serious Events and Incidents through PA-PSRS, an increase of 16,151 reports or 13% from 2006.
• Almost ninety-seven (96.6) percent of all reports were Incidents, in which the patient was not harmed; approximately 3.4% of all reports were Serious Events, which indicates that the patient received some level of harm, ranging from minor, temporary harm to death. Incident reports increased 8% over last year. Serious Event reports increased 5%.
• Reports from hospitals accounted for 98.7% of all reports submitted.
• Women patients were more involved in reports (54.4%) than men (45.6%). Women are more likely to use the healthcare system during childbearing years. They also have a longer life expectancy than men and therefore are using the health system more.
• Adverse Drug Reactions for women were 63%, while for men they were 37%.
• Children and adolescent (aged 21 and younger) reports increased by 3.3% in 2007.
• Patient Falls accounted for 17% of all reports, a decrease from 21% in 2006.
• While Complications related to Procedures, Treatments or Tests accounted for just 15% of overall reports, they accounted for 44% of reports in which a patient was harmed and 59% of all reports of events resulting in or contributing to a patient’s death.
• Elderly reports have maintained a consistent pattern. More than half of all reports (52.7%) involve elderly (age 65 and over) patients, down slightly from 2006 (53.1%). Elderly patients accounted for 61.2% of Falls in 2007, a drop from 2006 (62.4%). Elderly patients accounted for 73.1% of reports related to Skin Integrity in 2006, this figure increased slightly in 2007 to (73.5%).
• Medication Errors accounted for 22% of all reports (slight decrease from 2006), and they represented only 1% of all Serious Events. Although most Medication Errors involve adults, Medication Errors involving children and adolescents were more likely to result in patient harm.

Nursing Home Industry Wants to Reduce Lawsuits

2008-04-22T07:35:00.000-07:00

If a business wants to reduce lawsuits, you would think the first thing they would do is reduce the risks that create lawsuits and make the world or their industry a better place.

Not so for the nursing home industry. Their first tactic is to ask residents to sign an agreement waiving their rights to sue and arbitrate disputes instead.

Why the change? Because the nursing home industry has been slammed with some astounding nursing home abuse lawsuit verdicts like $56 million for infected bedsores.

Arbitrators are less likely than juries to award punitive damages.

Is it fair to ask residents to sign such outlandish agreements? People in nursing homes have compromised minds and most likely are clueless to what they are signing. Families may be desperate to find a solution for their needy family members.

Two U.S. Senators introduced legislation to protect dispute resolution options for residents of nursing homes. The measure is in response to the increasing practice of nursing home facilities requiring patients to agree to arbitration as the sole vehicle for dispute resolution prior to admittance to a facility.

SOURCE: http://blogs.wsj.com/health/2008/04/11/nursing-homes-push-arbitration-reduce-lawsuits/?mod=WSJBlog

Nursing Home Negligence

2008-04-14T10:36:00.000-07:00

There are many safe and fine nursing homes. It is unfortunate that some do not provide adequate care for elderly patients. Some examples of negligence that may occur in a nursing home include failure to appropriately monitor or restrain residents resulting in accidental injury, failure in the care of bedridden residents resulting in bed sores, failure to prevent infection, malnutrition and dehydration.

Recently the family of an elderly woman who died while in the care of an Illinois nursing home filed a suit against the facility. In this case, two employees were criminally charged with administering larger than normal does of morphine. The nursing home is charged with failing to adequately protect the patient.

The prospect that loved ones would not be cared for in a respectful manner by those entrusted is rightfully disturbing. Thorough research and scrutiny can provide a level of assurance. Medicare’s website offers an overviews of nursing homes and checklists to consider when searching for a quality residence for your loved ones.

Nursing Home Abuse in the Form of Malnutrition

2008-04-04T11:14:00.001-07:00

When you place an elderly person in a nursing it is critical to protect the person from abuse. Of course, in order to protect the person from abuse you must look at all forms of abuse. For example, improperly feeding a member of the nursing home can be considered abuse if it leads to malnutrition. Sadly, a number of people could look at the nursing home occupant having dropped a great deal of weight due to lack of food as not being serious. This is a terrible mistake because there are a number of complications that can derive from malnutrition. As such, any aspect of nursing home abuse positively must be taken seriously.

Benign Neglect and Nursing Home Abuse

2008-04-01T03:41:00.000-07:00

When people think of nursing home abuse they have a very narrow spectrum of what in entails. Nursing home abuse does always have to fall under the category of violent activity. Often, nursing home abuse is the result of benign neglect. That is to say, when someone is placed in a nursing home they are meant to be cared after. If they are not being looked after and harm befalls them (for example, the nursing home is not providing the tenant with their regular scheduled medication) the nursing has committed abuse by neglect. In such instances, the nursing home may be held liable for such gross neglect and deservedly so.

Avoiding Nursing Home Abuse
While there are actions people can take against a nursing home that is guilty of nursing home abuse in both civil and criminal courts it would be far better to simply avoid such a problem in the first place. The best way to do this would be to make sure that the nursing home is a quality establishment. Of course, in order to ascertain this it would be necessary to check references and perform a little online research on the nursing home. Yes, this may take some time but the end result will be well worth it as a truly disastrous situation could be completely avoided.

Inaction and Nursing Home Abuse

2008-03-31T12:52:00.001-07:00

When you leave an elderly relative in the care of a nursing home then you should expect that the health and safety of a relative should be ensured. If the health of a nursing home occupant is not maintained as a result of gross negligence of the nursing home staff then the staff may very well be held liable for their (in)actions. In such an instance filing a civil lawsuit against the nursing home is commonly advocated. Part of the reason for this is to seek damages for the negligence and the other part of the reason is to dissuade others in the industry from derelictions in their duties.

Fentora and Cephalon Updates

2008-03-12T05:04:00.000-07:00

The financial wheels are always in motion big pharmaceutical companies. For instance, take Cephalon, makers of Fentora.

Cephalon hopes that the opioid drug Fentora will soon be approved by the FDA for people with chronic pain. Fentora, a potentially addictive controlled substance has been used to treat breakthrough pain in cancer patients.

An advisory panel to the FDA will discuss whether to recommend Fentora as a drug for chronic pain. An approval is anticipated for later this year. Cephalon is confident since Fentora has been is not a new drug and has been on the market for awhile.

Other Cephalon news includes being sued by the FTC for delaying generic competition to its sleep disorder drug Provigil. Officially approved only for excess sleepiness associated with narcolepsy, sleep apnea, and shift work disorder, doctors use Provigil to treat everything from weight loss to ADHD to fatigue and depression.

See: http://www.forbes.com/reuters/feeds/reuters/2008/02/15/2008-02-15T204238Z_01_N14425149_RTRIDST_0_CEPHALON-ANALYSIS.html

Coming Soon!

2008-03-06T10:21:00.001-08:00