Articles Tagged with nursing home abuse

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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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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 $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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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 $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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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 →

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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 →

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