Articles Posted in nursing home negligence

Published on:

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 →

Published on:

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 →

Published on:

One of the major issues at many nursing homes around the country is when patients get what are known as catheter-associated urinary tract infections (CAUTIs).  These CAUTIs have fallen 54 percent, according to a recent study discussed in an article from Infection Control Today.

Nursing Home Negligence LawyerCAUTIs are a type of infection that occurs in the healthcare setting, and for that reason they fall under a category known as healthcare associated infections (HAIs).  The study is looking at how front line tools and education among healthcare professionals is about to take measures to make it less likely for patients in nursing homes to get these infections. Continue reading →

Published on:

A federal court affirmed a summary judgment in favor of a federally-run nursing home that was accused of negligence in the wrongful death of an elderly resident who fell while unsupervised. The reason plaintiff could not prevail, despite filing the case within the applicable state statute of limitations for wrongful death actions, was that it was the federal statute of limitations that actually applied.hospital room

As justices for the U.S. Court of Appeals for the First Circuit wrote: “To be sure, it is unfortunate when a potentially important claim is lost because a deadline is missed.” Nonetheless, the court wrote, it’s the necessary result when a claimant fails to properly assert the claim within the designated statute of limitations, without which claims would be filed long after the ability to recreate what happened would be feasible.

Although this is understandable, it is a nonetheless disappointing outcome, and one that underscores the importance of immediately seeking a consultation with an experienced nursing home injury lawyer at the first suspicion that negligence may have been the cause of a a nursing home injury or death. Continue reading →

Published on:

A nursing home operator’s greed in allegedly purchasing nursing homes with the sole intention to flip the property into condominiums led some residents to suffer a premature death. That’s according to a new lawsuit filed by the previous operator of the nursing home, which alleges it sold the nursing home to defendant after defendant reportedly promised to invest in the future of the nursing home and that nothing would change for residents. hotel

However, less than two months after the sale was finalized, according to plaintiff, the new administrator for the facility started to move patients out for a number of reasons, which reportedly changed depending on who asked. In some instances, administrators said Medicaid patients were being moved to make room for higher-paying patients. Other times, they indicated they had to make room for a new therapy center at the facility.

But by October of 2015, the same year the facility was purchased, the nursing home’s previous owners learned through media reports the company filed a permit to demolish the nursing home, and in its place build a brand new luxury condominium building in a matter of a few weeks. Plaintiff facility argues that by moving residents, some who had lived in the center for many years, they caused undue harm to the health of the patients – some of whom died prematurely. The facility is suing to nullify the sale of the facility, which plaintiff alleged was completed under false pretenses, and to collect damages for the harm that resulted from this misrepresentation.  Continue reading →

Published on:

The family of a woman who died after nursing home staff did not take action to resuscitate her when she was found unresponsive has filed a nursing home negligence lawsuit.ambulance

The lawsuit claims the nursing assistant failed to properly read the patient’s chart, and mistakenly believed it stated she did not wish to be resuscitated. However, that was not the case and the 52,-year-old resident, who was initially only supposed to be at the facility a few weeks after suffering a bad case of pneumonia. However, that stay was extended to six months after she allegedly broke her hip after falling while unattended by staffers. She already suffered from kidney disease and diabetes, and that made recovery that much slower.

Then one morning in March 2006, a nursing assistant discovered her unconscious in her bed. About one half hour later, the facility called emergency services to report a death at the site. The caller noted the woman did not wish to be resuscitated and her family was being notified. Ten minutes later, another call was placed to emergency services. This time, the staffer admitted the nursing assistant had misread the chart, and in fact, the woman had wished to be resuscitated. Those efforts were still underway when emergency responders got there. However, they declared her dead upon arrival.  Continue reading →

Published on:

U.S. government researchers have discovered elderly people – and nursing home residents in particular – are suffering alarming rates of concussions and brain injuries. heart

Although the exact reason isn’t clear, some opine it has to do with the fact that those who are suffering repeated falls aren’t copping to it. Those who have suffered one fall are more likely to suffer another, and the odds are greater that the next fall will be more severe. But some elderly people may fear that admitting to a fall means they will lose their independence. In turn, they minimize it. Or, in the case of nursing home residents, the fall simply isn’t deemed serious enough for immediate medical attention.

However, what could appear to be a minor incident might actually be much more serious. It could be a concussion. It could even be a traumatic brain injury. In either case, the chances of another fall will be increased.  Continue reading →

Published on:

Nursing home residents suffer high rates of facial injuries, according to a recent study published in JAMA Otolaryngology – Head and Neck Surgery. In all, approximately 20,000 individuals residing in nursing homes throughout the U.S. have suffered what could be considered “serious facial injuries” at some point in the last 12 months. OLD FACE

Most of these injuries are incurred by falling and hitting hard surfaces. A substantial number also occur due to patients falling while getting in and out of bed.

Given that we already have 1.4 million people living in long-term nursing homes in the U.S. and that the population is aging, programs that focus on preventing fall-related injuries in nursing homes are going to be all the more important. This is especially true considering the severity these types of nursing home injuries can cause – including immense pain, long-term disability and hastened health decline leading to premature death. Continue reading →

Published on:

Although our population as a whole is growing older, an increasing number of nursing homes are taking on younger patients. This can lead to conflict and potentially danger for those most vulnerable. hands of time

Recently on NPR Morning Edition, KRCC in Colorado explored this phenomenon, attributing the situation largely to the fact that there are very few long-term care facilities for younger people in need of constant care. These would include individuals who have suffered traumatic brain injury or spinal cord injuries who need around-the-clock care and assistance.

One case detailed by the station involves a man in his 40s. In 2015, he suffered a traumatic brain injury when he reportedly “head-butted a car” and “scrambled the old brain bucket” (those are his own words). Today, he struggles with speech. Daily tasks are a challenge. He spent several months in a nursing home, where the majority of residents were over the age of 65. However, he was one of a growing number of under-65 residents at the facility. This is not an isolated phenomenon, and we see it in Florida too.  Continue reading →

Published on:

For a brief moment last year, it seemed as if nursing home arbitration agreements might be a thing of the past. That’s because the Centers for Medicare & Medicaid Services (CMS) issued a new rule barring any nursing home that accepts federal money from CMS (which is virtually all nursing homes) from requiring mandatory arbitration agreements during the admissions process. That was supposed to take effect in November. courtroom

However, a federal judge in Mississippi granted an injunction against implementation of that rule, at the request of a nursing home industry trade group. The CMS quietly released a memo in December indicating it wouldn’t enforce the arbitration rule so long as the injunction was in place. At this point, there remains uncertainty because it isn’t clear how the Trump administration, which oversees CMS, will handle this issue.

So in the meanwhile, courts across the country continue to weigh in. Prior to the injunction, the Florida Supreme Court ruled that an arbitration agreement signed by an adult son on behalf of his father was not binding on his father. The son did not have power of attorney and thus lacked authority to sign the documents on his father’s behalf, and thus his father wasn’t required to have his claim handled by an arbitrator.  Continue reading →

Contact Information