Articles Posted in nursing home neglect

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It’s estimated that 60 percent of all people with dementia will wander – and a significant number of nursing home patients suffer some form of dementia. It’s a serious problem because oftentimes, these individuals may not remember their name or address or become disoriented – even in a familiar place. Sometimes, it’s one of the issues that led loved ones to seek long-term skilled nursing care. These facilities know this is a problem they are likely to face, and they owe a duty of care to put in place strong measures to ensure patients are protected. Usually that means there are locks and alarms on all potential exits. It means patients themselves may be equipped with some type of electronic monitoring. It means there are enough staffers to keep a watchful eye on patients.nursing home wrongful death

Not long ago in Ohio, a 56-year-old man with dementia and a history of attempted escapes slipped out of a nursing home where he’d lived for three years after a heart-attach that induced cognitive decline. He was stopped by police about two hours later. The nursing home had not reported him missing by that time. The officers took him to the city limit the next community over after he told them he was trying to get there to his home. Two days later, he was found dead, likely due to exposure (temperatures had dipped below freezing, and he was found curled up on the ground next to a dumpster in a gas station parking lot).

A spokesperson for the facility would later say decedent used an elevator security code to walk out right behind a patient visitor. A staff member of the nursing home ushered them both out. The family’s attorney told The Canton Repository the man was a known risk, which was why he was in this secured unit. His elopement should never have happened to begin with, but even if they had at least reported it before police encountered him, law enforcement would have been able to secure and return him. Continue reading →

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Injuries resulting from falls are the reason for almost 40 percent of all preventable hospital visits by nursing home residents, according to the Centers for Disease Control and Prevention. Too many of these falls go underreported. Even when they are reported, there is a false assumption that it’s simply a part of normal aging. It’s not. The risk of falls in nursing homes can and should be substantially minimized with proper policy and procedure, adequate staffing, the right equipment and appropriate supervision. fall injury attorney

But the numbers tell us far too many nursing homes are failing when it comes to fall prevention.

Just recently, a Massachusetts nurse whom state health officials cited for failure to properly attend a nursing home patient who suffered a fatal fall agreed to surrender his license for three years (after which time he could re-apply for it). However, The Worcester Telegram reports the nurse failed to sign off on the resolution prior to the deadline, so now it’s unclear if he’s still holding his license. Part of the agreement was that he would concede that while working as a licensed practical nurse (LPN) at a nursing home, he did not properly assess a patient who had fallen and he also failed to document or report the fall. This admission would have been acknowledgment that his conduct was not aligned with standards set forth by the state board of nursing.  Continue reading →

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A nursing home in California is facing an injury lawsuit after one of its patient, a man who is 55 and suffers mental impairment, suffered severe burns after he was allegedly given a cigarette and a lighter – and discovered a short time later engulfed in flames. Prior to the incident, the man was partially paralyzed and was only mobile with the use of a wheelchair. nursing home neglect lawyer

The nursing home injury lawsuit filed on his behalf, according to The San Luis Obispo Tribune, alleges abuse, neglect, negligence and violations of the patient’s rights resulting in injury. His father asserts he should have never been given his own lighter nor left alone unsupervised in a designated smoking area. The nursing home has yet to file its response in court, though a statement released to media shortly after the incident indicated the facility worked hard to balance the safety of residents with their desire to be independent and continue lifelong habits.

But the issue, plaintiff says, is not that the facility allowed his son to smoke. The issue was that the staff had a duty of care to provide plaintiff with appropriate supervision and protection. Specifically in this instance, plaintiff says, his son should have been provided with a fire-retardant gown. He should not have been left with a lighter in his possession. There should have been staffers there to supervise him. Plaintiff’s injury lawyer says that while a fair amount of nursing home negligence cases involve some allegation of medical malpractice, this issue was one of “basic common sense” and ordinary negligence. (It’s an important distinction in terms of notice and expert witness requirements).  Continue reading →

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An employee at an Illinois nursing home was criminally charged with neglect after reportedly failing to perform CPR on an elderly patient who later died at the facility. Local news outlets, citing state health department statistics, indicated this particular facility had been the subject of 44 complaints in a span of seven years. Earlier this year, the facility was named in a nursing home neglect lawsuit in connection with the death of another patient, whose family alleged her death was the result of malnutrition, weigh loss, sepsis and physical injury – all of which contributed to her death. Plaintiffs allege the facility failed to provide decedent with appropriate medical and nursing care or develop and implement an appropriate care plan.nursing home abuse lawyer

Cardiopulmonary resuscitation is a life-saving emergency procedure that is a combination of chest compression and artificial ventilation conducted when the heart stops beating. It helps manually preserve one’s brain function until further help can arrive. The American Heart Association reports it can double and sometimes triple the chances of survival after one suffers cardiac arrest.

In some cases when elderly patients are very sick, they will request an advance directive that indicates they decline CPR or other life-saving measures, sometimes referred to as “do not resuscitate” or “DNR.” Unfortunately, a lot of these orders may be tucked in a storage drawer or on file with a family doctor – and not quickly available for fast referral in emergency situations. Still, it is the responsibility of the nursing home to make sure that such records are readily available and that staffers are adequately trained. As noted in an article published by The Society for Post-Acute and Long-Term Care Medicine, nursing facilities have a responsibility to implement policies that provide for immediate CPR intervention for residents who don’t have a current DNR order in place.  Continue reading →

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A significant number of elderly and disabled Americans rely on caregivers who are immigrants from varying backgrounds who entered the U.S. under a range of circumstances. Now, tougher enforcement of immigration policies – including deportations of those who entered or stayed unlawfully and an end to programs like the Temporary Protected Status – have many fearing what this will mean for so many of the elderly who rely on these workers for their care. nursing home neglect

Some caregivers are hired by temp agencies to provide in-home care and assistance. Others work in skilled care or assisted living facilities. They are especially prevalent in large cities like Miami, Orlando and others.

For instance, there are approximately 59,000 Haitians living in the U.S. under Temporary Protected Status (TPS) which was granted following a devastating earthquake in that country in 2010. Many of those workers are now employed in low-wage positions, many in health care and a significant portion as home health aides or nursing assistants. However, the Trump administration has announced it will end TPS for these workers by July of 2019. That means people in the program must either leave the country of their own accord or face deportation. Continue reading →

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Nursing home neglect occurs when elderly and/ or vulnerable residents of a long-term care facility receive substandard care. Caregivers who fail to ensure patients basic needs, personal hygiene or medical care is up to appropriate standards face potential civil liability for any harm that results. In some cases, it may also lead to criminal charges. You should know that the criminal justice system has a higher proof burden and the two cases are handled completely separate, which means regardless of whether a criminal case results from your loved one’s nursing home neglect, you may still have grounds to pursue civil litigation against the assistants, nurses, doctors and facility administrators.nursing home neglect attorney

One recent alleged case of nursing home neglect in Georgia made national headlines, with plaintiffs in a wrongful death lawsuit saying the 89-year-old WWII veteran died desperately begging for help that never came.

According to The Washington Post, the family placed a hidden camera in the room because they were anxious about him living in the nursing home. The man’s son later said his father was aware the camera had been installed in his room, but staffers were not. Now, it has become a key piece of evidence in the criminal case against two nurses and an aide who have been indicted on several charges, including murder and neglect. Continue reading →

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A recent in-depth analysis by South Florida journalists reveals dozens of nursing homes in Florida with a long history of failure to provide adequate care remain open and operational, putting current and future patients at serious risk.nursing home abuse

The News-Press in Fort Myers reports that in the last five years, the 55 lowest-scoring nursing homes in the state for the last 14 of previous 18 quarters racked up more than 100 – or more – violations that threatened resident health and safety. The bottom 46 of those have been sued in nursing home abuse and neglect lawsuits alleging mistreatment or poor care. Nursing home owners denied those claims, but nonetheless settled 87 of them. The remaining 104 are still pending.

Unfortunately, it’s not as if nursing home fines for these violations are much of a motivator for change. On average, fines for serious violations are about $5,000, but often less. Now stack that up against the millions of dollars these facilities receive for taxpayer-funded Medicaid and Medicare programs. Although the Florida Agency for Health Care Administration, the state center responsible for licensing and regulating nursing homes, very seldom uses the biggest weapons in its arsenal to address these issues. That’s why in the last five years, only two nursing homes have been shut down and three were blocked from receiving further admissions. Continue reading →

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Nursing home safety advocates are calling on Florida lawmakers to pass an amendment to the state constitution that would guarantee certain rights to vulnerable residents in nursing homes and assisted living centers.nursing home injury

An incident of nursing home negligence in Orlando last year – resulting in a recently announced $1 million fine by federal authorities – is the latest to spark discussion of the need for such change. According to the Orlando Sentinel, the facility assigned a single assistant to supervise a trip to a local super store with nine residents – all of whom required around-the-clock care, five of whom were in wheelchairs and three who used walkers. One needed the bathroom but the assistant was nowhere to be found, so the man attempted it on his own. He ultimately lost control of his bowels and his balance, suffering a broken hip. When the attendant rushed to aid the man,  he neglected the others.

It was this incident (along with another wherein a patient did not receive important medical treatment) that resulted in a government investigation and subsequent fine. Nearly two dozen health code violations were cited, and the facility earned a spot on the national watch list of facilities that don’t correct repeat issues. Despite the fine, advocates for safer nursing homes say it doesn’t go far enough. They want a formal bill of rights added to the constitution, where it could not be easily rolled back by lawmakers or future presidential administrations squeezed or swayed by nursing home industry lobbyists and stakeholders.

One of those calling for change leads a national nursing home advocacy group, and says the public is largely unaware about the way these facilities are run and the risk they pose to residents. He noted it’s telling that even 12 nursing home resident deaths of heat-related illness after Hurricane Irma – all classified as homicides – were not enough to spur industry change. The facility may yet lose its license and Gov. Rick Scott has asked the facilities to maintain backup generators that can provide at nearly 100 hours of fuel so temperatures can stay at a safe level in the event the power goes out for an extended time. The governor has also asked for the panel that combs the state’s constitution every two decades for a determination potential changes pertaining to the protection of nursing home residents. Proposal 88 is now being considered by the commission and is the public hearings stage. If the panel approves it, the issue then goes to voters this fall.  Continue reading →

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A Broward County Medical Examiner’s pathologist testified recently in county court that nursing home staffers at a Hollywood Hills nursing home had opportunity after opportunity to save patients from heat stroke in the wake of Hurricane Irma. Yet, staffers and administrators failed to seize those opportunities, instead never increasing their services to meet the enhanced needs of patients who were succumbing to unbearably hot summer temperatures with little respite. When it was all over, 12 patients lost their lives. nursing home abuse lawyer

The Sun Sentinel reports the pathologist’s testimony examined whether there were available remedies to help prevent heat stroke among the vulnerable adults at the Hollywood Hills Rehabilitation Center. What she discovered was that staffers weren’t doing anything really above and beyond their typical duties – even though they had totally lost function of their air conditioning units in blazing heat.

She relayed to the court there were no records that staffers sought to provide even rudimentary measures of relief, such as cold compresses, ice chips or cold water that would help lower patients’ temperatures to a safe level. This nursing home had “a real opportunity to save some lives here,” the pathologist was quoted as saying. Yet, they didn’t. Continue reading →

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The administrator of a Florida nursing home in Ocala has been suspended from his post and arrested on neglect charges after he allegedly failed to notify a nurse of a resident’s deteriorating health. nursing home neglect

The Gainesville Sun reports the nurse who was supervising the patient’s care reportedly told the 31-year-old administrator to let her know right away if there were any changes to the patient’s condition, following an outpatient surgical procedure. Despite this request, the on-duty staff reportedly contacted the administrator twice throughout the weekend to tell him the resident’s health was declining rapidly. He did not provide them with instructions for her care, nor did he contact the nurse.

The newspaper reports it’s not clear why the staff didn’t contact the nurse – or other qualified medical professionals – to intervene instead when it became clear the patient was doing so poorly. It’s also not exactly clear why it was the job of the facility administrator to contact the nurse when he was not the one on site caring for her. The administrator reportedly only relayed the message about the patient’s declining health when he returned to work on Monday. The nurse at that time told him to call 911 right away and have the resident taken to a nearby hospital via ambulance.

Police were contacted, and the administrator was subsequently suspended and then arrested on a charge of neglect of the elderly.  Continue reading →

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