Articles Posted in nursing home negligence

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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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A report recently released by a state health department revealed the death of a prominent Pennsylvania businessman in a nursing home in September was caused by strangulation as a result of his bed rails. The nursing home was cited by the health department for safety deficiencies related to the death. Investigators with the department determined the facility failed to identify the hazard created by using the side rails that ultimately resulted in this man’s death. He reportedly suffered from the late stages of Alzheimer’s disease and was largely immobile too. He was discovered by a nursing assistant around 11:30 p.m. one night, not breathing, with his body on the floor and his neck between the mattress and the side rail of the bed. nursing home abuse lawyer

The health department took note of the fact that side rails are only supposed to be used to assist in helping a patient re-position himself when no other reasonable alternatives are identified. Even then, facilities are supposed to use reasonable precautions when they are being used. The facility removed all bed rails it had been using at the time shortly after decedent was discovered.

This is not a new problem. The U.S. Food and Drug Administration has long been tracking injuries and deaths related to bed rail entrapment and strangulation in nursing homes. The agency reports that even when bed rails are properly designed to lower the potential risk of falls or entrapment, they still present a danger to certain people, namely those with some form of dementia (as they are at greater risk of a fall when they try to get out of bed, despite something being in their way). The agency reported that between 1985 and 2013 (the most recent period for which it conducted the analysis), there were 531 rail-related deaths.  Continue reading →

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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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Numerous nursing homes in Florida are still non-compliant with a new rule that requires facilities to prove they can run generators for four days without power and keep inside temperatures at 80 degrees or less. It required that nursing homes submit their plans to the state by Oct. 31st and be in compliance with the rule by Nov. 15th, or else begin incurring a $1,000-a-day fine. nursing home negligence

Emergency Rule 59AER17-1 is under legal challenge, but the rule is intended to prevent nursing home deaths like more than a dozen that occurred in the wake of Hurricane Irma, when facilities were without power. Those residents all died of heat-related causes when the facility in which they were housed did not have a working generator to keep the residents safe from the South Florida swelter.

As of Nov. 8th, there were still 18 facilities that had yet to offer up proof of compliance with the rule.  Continue reading →

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A pair of emergency rules requiring Florida assisted living facilities and nursing homes to be equipped with generators to effectively cool and fuel buildings for 96 hours has been struck down by an Administrative Law Judge. Gov. Rick Scott promised to appeal the court order immediately.nursing home wrongful death

The judge handed down a 66-page ruling, wherein he stated the state had failed to establish it was necessary to increase the self-sufficiency of nursing homes and assisted living facility sites in the event of an emergency.

The judge went on to explain in the order that the remedy for this emergency deficit cannot reasonably be enacted by the deadline of Nov. 15th. Scott railed against the order, saying the judge’s legal reasoning was short-sighted. He vowed to appeal the order and continue working to make the rules permanent. Continue reading →

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Several families are pursuing litigation against a South Florida nursing home after a disastrous post-hurricane evacuation resulted in more than a dozen deaths. However, in order to do so, they will face significant legal hurdles.nursing home abuse attorney

Nursing home abuse attorneys in West Palm Beach recognize that these cases are difficult, but not impossible. Although most civil injury and wrongful death cases are settled prior to trial, having an experienced litigator and trial attorney is necessary. Preparation, skill and experience are critical.

At this juncture, Bloomberg Law reports at least 10 lawsuits have been filed against the Hollywood Hills nursing home that evacuated in September, days after Hurricane Irma cut off power to the air conditioning system at the facility. Fourteen residents died. However, holding the owners of the facility responsible could prove difficult. There are several reasons for this. 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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As Hurricane Irma loomed off the coast of Florida in the first week of September, state officials warned the public to be ready. Now, a South Florida nursing home is accused of failing to do just that, and also of a serious breach in patient care that led to the deaths of 10 elderly, vulnerable residents who went days without power in the sweltering heat. Several of those who died had body temperatures between 107 and 109 degrees. nursing home neglect

The deaths have sparked outrage, a criminal investigation and at least a handful of lawsuits from victims or relatives of those who died, alleging negligence.

According to The Miami Herald, plaintiffs allege their loved ones were victims of a facility that not only failed to prepare for the possibility of no power, but also of not evacuating when conditions became more serious. The nursing home lacked power for three whole days, and administrators said they repeatedly tried calling the governor’s office for help. But meanwhile, directly across the street, was a fully-functional, air conditioned hospital.  Continue reading →

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Some nursing home patients seek care for the long-term expecting they will live out their days in that facility. Others know they will need longer-term, less intensive care than might be provided in a hospital, but hope eventually to improve and return to living independently.nursing home abuse lawyer

But when nursing home care is substandard, patients’ health may not improve as expected. In some cases, a patient’s health declines. Nursing homes that are negligent in providing proper care may be held accountable for the negative impact to patients’ health.

Accountability is the goal of one Boca Raton man, alleging treatment at a poorly staffed nursing home in South Florida amounted to negligence and left him requiring more medication and needing treatment longer than he otherwise would have.  Continue reading →

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A lawsuit recently filed in North Carolina alleges an elderly woman suffered in agony for 10 days with a broken hip after suffering a fall that went untreated and unreported by her nursing home.wheelchair

According to local media reports, plaintiff was a known fall risk when she was admitted to the facility, and there was even an alarm on her wheelchair intended to notify staffers if she were to get up.

Plaintiff alleges she called for an attendant to help her to the bathroom. However, there was no response, and as nature called, she decided to get up on her own. As she did so, she slipped and fell. This resulted in serious injury.  Continue reading →

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