Articles Posted in nursing home abuse

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When older adults get to the point when it becomes impractical to remain in the home, or the same happens to younger people with serious medical conditions, a nursing home may be the best option. When we take our loved ones to a nursing home, we expect they will be well-cared for by professionals and given the dignity and respect they deserve.

Nursing Home Abuse Lawyer Unfortunately, this is not always the case in nursing homes that are sometimes more interested in making money than properly caring for residents who are in much need of care.  According to a recent news article from the Sun Sentinel, lawmakers are not happy with current regulations following some highly-published deaths that occurred following hurricane Irma. Many urge more must be done to protect Florida nursing home residents, not only in times of crisis, but year-round.  Continue reading →

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Florida is known to have some of the broadest public records laws in the country. That extended to nursing home abuse and neglect records, kept by state health regulators. However, as The Miami Herald recently reported, those records have been wiped from the state’s online database, in what appears to be an erosion in public records access. nursing home abuse

Approximately three months ago, The Herald reported, the state scrubbed its website, which previously made readily accessible reports of nursing home violations that put residents in immediate jeopardy. It’s not that the records themselves are no longer public. Anyone can contact the Agency for Health Care Administration and ask for it. However, you have to know exactly what you’re looking for and whom to ask. You will most likely be required to wait and you’ll probably have to pay – something that was not required previously under the state’s online system.

On the pages that previously provided such information for free, the AHCA now directs the public to a different site run by the Centers for Medicare and Medicaid Services. That site fails to provide as much detail as the AHCA had before (though all reports had been screened and redacted for medical privacy). And while the AHCA does offer basic spreadsheets that rank nursing homes on a host of criteria, providing families with some basis on which to compare, but these reports are scant on details and lack transparency. Continue reading →

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It’s a sad reality in Florida nursing home abuse cases for the person who suffered to die, whether due to frailty or age or directly because of the abuse or neglect endured. In these cases, there may be several avenues for legal action. nursing home abuse

When a person survives nursing home abuse, it’s fairly straightforward: It’s a personal injury lawsuit. Nursing home injury cases can be a little more complex than other types of torts because they sometimes stem from some medical malpractice, which could complicate matters in terms of the statute of limitations (2 years, as opposed to the 4 allowed in personal injury cases). Further, medical malpractice cases require more evidence, as well as expert witnesses.

However, things can get a bit more complicated when the person who was victimized dies. The two primary avenues for compensation are:

  • Wrongful death lawsuit;
    Survival action.

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Nursing home facilities have a responsibility to ensure that staffers are adequately screened, trained and supervised. It appears, at least according to a six-month investigation by journalists in Northern Texas, that hundreds of certified nursing assistants with serious or violent criminal histories have been hired to care for elderly and vulnerable patients in the region’s nursing homes.nursing home abuse lawyer

Further, the report by WFAA-8 revealed many of these individuals were working in the homes legally. There were, however, several instances in which the nursing assistants were convicted of certain offenses that should have made them ineligible to work in that capacity, yet they were hired anyway. All of this, advocates fear, is putting residents at risk of nursing home abuse.

Some of the crimes for which the CNAs were convicted included things like continuous violence against family, aggravated assault with a deadly weapon, aggravated sexual contact with a child and injury to a child. Other crimes included offenses that involved theft, like burglary and aggravated robbery. The analysis also indicated Texas’ rate of nursing home abuse was four times that of the national average. Still, to assume this problem is isolated to Texas would be erroneous.  Continue reading →

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Increasingly, relatives of Florida nursing home residents are installing cameras inside the rooms of their loved ones to ensure they are receiving quality care. Fears of inadequate nursing home care and even nursing home abuse are certainly founded, as the Government Accountability Office reports a quarter of U.S. nursing homes have deficiencies that cause actual harm or have the potential to inflict serious injury or death. Further, a survey of more than a dozen states found state and federal complaint procedures lacking, meaning at-risk patients suffered abuse and neglect in silence for months. nursing home abuse lawyer

The idea of hidden cameras in nursing homes isn’t brand new, but it’s garnering renewed attention from Florida lawmakers. ABC-10 News in Broward County reports that family members of a nursing home resident in Pompano Beach installed a camera inside the room of their 94-year-old patriarch, who suffers from dementia. They were horrified at the images that returned.

The video reveals a certified nursing assistant (CNA) who is impatiently and forcefully trying to get the man to move off the bed. She pulls him, and sends him falling into a chair. She then hits him on the head. In a separate clip, the same nursing home worker is witnessed pouring mouthwash on him. Aside from the obvious cruelty of the act, the family’s nursing home abuse attorney explained it was one that ultimately proved fatal. Alcohol is a drying agent. The man reportedly was already suffering from Stage 3 pressure ulcers. Ultimately, it was those ulcers that killed him, plaintiff attorney alleges.  Continue reading →

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Most residents of nursing homes, being over the age of 65, grew up in an era without computers, let alone cell phones or social media. Yet many are fast finding themselves confronted with the ugly underbelly of these technologies, as those entrusted with their care abuse their trust, snapping and posting inappropriate, embarrassing or abusive pictures of elderly patients. nursing home abuse

This can be sexual exploitation by a caretaker, particularly if the patient’s private parts are displayed – even if the images themselves aren’t necessarily intended to be of a sexual nature. Many of the images, as reported by NPR and ProPublica investigations, are by workers who may intend to “blow off steam” from being stressed and overworked. Nonetheless, it violates the patient’s rights, and may be actionable in civil court, particularly if there is evidence the nursing home may have been informed of it and failed to take action. ProPublica identified at least three dozen cases of this happening last year, the majority of those occurring on Snapchat.

Yet another incident was reported recently, this time in Illinois. According to local news source The Pantagraph, reports two certified nursing assistants (CNAs) who were a couple snapped and shared numerous residents in photos that were both unauthorized and “inappropriate.” The images included shots of elderly individuals who were dressing, bathing, toileting and resting in bed. All of these images, according to a recent nursing home lawsuit filed, were of the residents in situations that were embarrassing or humiliating.  Continue reading →

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Elder financial abuse is a serious and growing problem in nursing homes across the country. Most often, it’s classified as an issue that occurs when a caregiver – usually a family member – takes advantage of the elderly person’s trust or position of need. However, it happens in nursing home facilities too where a company misrepresents the quality of care to patients, prospective patients, family members and government agencies that pay for this care. nursing home abuse

Recently in California, four residents living in residential care facilities owned by a single chain provider sued the company’s founder and developer, alleging fraudulent practices that exposed them to risk of injury and deprived them of necessary care.

According to the Press-Democrat, the lawsuit alleges residents were discovered on the ground, left soiled for hours at a time and at least one suffered an unexplained injury due to perpetual understaffing that amounted to fraud. The company reportedly misrepresented the care it was providing residents when it came time to collecting federal healthcare benefits for those patients. Further, the facility fees, which in some cases were $10,000 per resident per moth, were based on budgets crafted to rake in the highest profits, rather than assess the individual needs of each resident.  Continue reading →

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A recent government audit blames Medicare for failure to enforce a federal law that requires immediate notification of nursing home abuse and neglect to police.nursing home abuse

Based on preliminary results from a large sample of cases over 33 states, the Office of Inspector General for Health and Human Services reported that while this is just early data, immediate action was required. The IOG investigates instances of waste, fraud and abuse within the health care system. This particular audit was part of a bigger investigation, which is ongoing, and additional results are expected in the coming months. The agency released an early alert memo regarding these initial findings, prompting the Senate Finance Committee to request additional information regarding elder abuse in nursing homes. Specifically, the committee chair has requested information on whether HHS intends to reevaluate its procedures to make sure nursing home abuse and nursing home neglect is not only identified but also reported.

It’s estimated approximately 1.4 million people live in nursing homes across the country. According tot he Florida Health Care Association, there are 683 licensed nursing homes in Florida and another 3,100 assisted living facilities. The IOG report revealed there were more than 130 cases wherein emergency room records showed possible abuse – physical abuse, sexual abuse or neglect. This was over the course of a two-year-period. Of those, 28 percent – more than 1 in 4 – had no record of any report being made to local law enforcement. Continue reading →

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A $1.2 million nursing home abuse damage award was affirmed by the U.S. Court of Appeals for the Tenth Circuit after finding no reversible error by the trial court. nursing home abuse

The jury had decided the case in favor of plaintiff, who alleged negligence, negligence per se and intentional infliction of emotional distress, concluding also that defendant nursing home had acted with reckless disregard for the rights of others, resulting in a $10,000 punitive damage award tacked onto the $1.2 million in compensatory damages.

The case involved an elderly nursing home resident who was limited in her capacity for mobility and communication due to arthritis and dementia. She had lived on her own until she was 90-years-old, at which time her family arranged for her to stay at a nursing home to receive constant care. At some point, her family began to notice personal items missing from her room. When they received an unsatisfactory response from the nursing home, they installed a hidden camera in her room to get to the bottom of it. What they discovered was much worse than theft.  Continue reading →

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A nursing home in California voluntarily closed, displacing some 125 residents, amid allegations of sexual assault involving two patients. The facility will close permanently next month, and residents will be sent to one of three other facilities operated by the same owner. nursing home abuse

But the question of what happened – and whether it was in fact abuse – still lingers, and it’s one that has arisen numerous times in nursing homes in Florida too, as well as across the country.

The Sacramento Bee reported one of the patients involved was a 79-year-old woman with Alzheimer’s. The other was a 70-year-old man who was cognitively intact. The man had been observed months earlier touching the woman’s breast. When the incident occurred, he later told investigators she initiated the contact, taking off her clothes and calling him “darling.” The woman told investigators she had made love to her husband, who is deceased.  Continue reading →

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