Articles Posted in nursing home abuse

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A $6,000-per-day penalty imposed by the Centers for Medicare and Medicaid Services on an Illinois nursing home was upheld by the U.S. Court of Appeals for the Seventh Circuit recently. The fine stemmed from a finding that the nursing home put patients in immediate jeopardy when it failed to protect them from nursing home abuse and theft. The CMS investigation also revealed the facility failed to timely report or thoroughly investigate allegations of abuse inflicted on residents, and didn’t implement policies on abuse, neglect or property theft. nursing home abuse

The appellate court ruled there was substantial evidence to support CMS’s conclusions that formed the basis for the penalty. It stemmed from a site visit by investigators with the state health department back in 2014.

There was an allegation at the time that a resident and his wife suffered emotional abuse when a female staffer approached the male resident, grabbed his face in her hands, kissed him on both cheeks and then the forehead before telling him she had always loved him. Administrators did launch an investigation into the incident, but only insofar as they questioned staff and other residents. However, they did not formally interview the resident or his wife.  Continue reading →

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A class action lawsuit has been settled for $345,000 after dozens of patients and family members of patients allege they were given powerful drugs without due consideration for the harmful impact those drugs may have on patients. nursing home abuse

In one example, the son of a nursing home patient alleged he was explicit in explaining his mother’s wishes and directing doctors not to give her any painkillers except aspirin and no antipsychotic medications. Despite this, they gave her Restoril, an anti-anxiety medication, Norco (a pain medication with a high risk for addiction and dependency also known to cause respiratory distress) and Lexapro, an SSRI anti-depressant. Plaintiff alleged the nursing home signed a paper saying the doctor had received consent from patient and/ or health care power of attorney to administer the drugs, but no such permission had been given. Other patients/ families alleged they were given anitpsychotic medications to suppress certain symptoms of dementia – a practice known as “chemical restraints” that is not only largely ineffective, it can be harmful. It’s generally done more the convenience of staffers than for the benefit of the patient.

Although the amount of money to be awarded to each family is minimal, but plaintiffs say their larger goal was to compel changes at the facility. As part of the settlement agreement, the facility will be required to undergo random spot inspections of health records. The nursing home must enact clear standards explaining the benefits and risks of psycho-therapeutic drugs to residents and/ or legal representatives. Continue reading →

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Regardless of where you stand on the political spectrum, there is no denying that Medicaid is the by far the biggest funding source for care of those in U.S. nursing homes. It supports approximately three-fifths of the residents who receive care at nursing home facilities. A health care bill being weighed by lawmakers would enact significant cuts to the Medicaid program, and there is concern, as noted in a recent Op-Ed in The New York Times, that this could gut benefits for nursing home residents, which could mean their level of care could take a hit. nursing home abuse lawyer

In fact, there is concern many nursing homes, without that steady income, would be forced to shutter their doors, leaving elderly residents high-and-dry.

The American Health Care Act (passed by the House but later scuttled) would reduce Medicaid funding by $834 billion. Meanwhile, the Senate’s Better Care Reconciliation Act, would still slash Medicaid funding by $772 billion by 2026. This is especially troubling considering people are living longer lives than every, with many requiring a high level of care in their last years. Almost 42 percent of nursing home patients are over the age of 85, but there are also a significant number of patients whose home-and-community-based care is covered by Medicaid as well. Because Medicaid payments for assisted living facilities has been frozen at $49 daily since 2010, many people are unable to access this option, even if they may be better-served by this than 24-7 care. The potential for these cuts would make both options much less attainable.  Continue reading →

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Most staff at nursing homes in South Florida and across the country are hardworking, well trained and dedicated professionals who do whatever they can to make sure your loved ones get the best possible treatment and care. However, there are some cases where the negligence of the staff results in serious injuries or even death of a resident.

nursing home abuseIn many of the cases involving nursing home negligence or abuse, we see instances where staff are not properly trained or supervised, or should never have been given the responsibility to watch over patients in the first place. Continue reading →

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According to recent news article from The National Law Review, one family has filed a lawsuit in which they claim the nursing home wherein their loved one was living failed to make any attempts to resuscitate her when they found her in a non-responsive condition.

Nursing Home Abuse The civil complaint alleges the victim was first admitted to defendant’s nursing home after a bad case of pneumonia, along with renal failure and complications with her diabetes management.  The family hoped the nursing home would be better able to monitor and control her diabetes, and then when she was further along in her recovery, they would take her home. That was a realistic goal given that she was only 52-years-old, but unfortunately, she died in the nursing home facility. Continue reading →

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According to a recent news article from NJ.com, the aids employed at nursing homes were placed under arrest for allegedly abusing patients. The charges are based on complaints at the various nursing homes at which they were employed. Authorities filed and announced these charges on World Elder Abuse Awareness Day, as these arrests were part of an ongoing effort to fight this alarming trend.

Nursing home abuse Authorities said that they are using these arrests, and the time of them, to put everyone on notice that they are prepared to do whatever they can to fight elder abuse in their state.  With respect to the actual charges, one defendant is accused of striking an 87-year-old woman who has dementia in the head and arm as staff and other patients looked on.  She was charged with criminal assault of an elderly or institutionalized person. Continue reading →

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When a loved one is injured in an accident and can no longer take care of himself or herself, or that person gets to an age where they need more medical care than the family can provide at home, a nursing home is probably the only option.  While this is often a tough decision, we hope that our loved one will be well cared for, as that is the point of going to a nursing home in the first place.

Nursing Home Negligence LawyerUnfortunately, that is not always the case, and some nursing home residents are the victims of negligent care, and in some cases, intentional abuse by staff, management, or other residents.  When this happens to someone you care for, you find out what rights the victim has and what legal recourse may be available. Continue reading →

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Many people come to Florida later in life to retire.  However, many of these retirees will eventually need to transition into a nursing home or other 24-hour care center, and we have many of these of these facilities here.

nursing home lawyerThe problem is some of the facility owners see things a bit differently than us when it comes to their patients. Families see a facility that is designed to allow their loved one to live in peace and with a sense of well-deserved dignity, while also providing them access to much needed around-the-clock professional medical care.  Continue reading →

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A nursing home operating in the state of Florida owes a duty of care to all residents at the facility.  In a typical negligence case, that duty of care is a duty to act as a reasonable and prudent person to prevent foreseeable injury to foreseeable persons and property.  However, there are various other claims that can be filed in a negligence action.

nursing home lawsuit Two of the common claims filed in nursing home negligence actions are failure to properly train staff and negligent hire or retention.  This is an allegation that the management of a nursing home is not acting in a reasonable and prudent manner with respect to staffing practices, and that results in a foreseeable accident to residents. Continue reading →

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When we send our loved ones to a nursing home facility, we hope they will be safe and well-cared for.  In some cases, that unfortunately doesn’t always happen, and patients suffer severe personal injury or even death as a result of nursing home negligence.

nursing home abuseIn some cases, however, we have nursing home staff that is trying to do the right thing, but this is not always the case.  Sometimes we have staff that is taking advantage of, abusing, or otherwise harassing nursing home residents. Continue reading →

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