Articles Tagged with nursing home abuse attorney

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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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Nursing home abuse is often characterized as mistreatment of a vulnerable, elderly resident at the hands of caregivers and other staffers. However, about one in five nursing home abuse incidents involve other residents. One study published in 2016 revealed verbal taunts, physical assaults and sexual assaults were all part of the abuse those residents suffered at the hands of other residents.nursing home abuse

We saw it recently here in Florida, when The Gainesville Sun reported one facility was forced to halt admissions after two fatal incidents, one a fall and another the brutal beating of an 86-year-old resident by a 52-year-old resident with a traumatic brain injury. The younger man reportedly knocked the older man to the ground – twice – and over a two-minute stretch, while no staffers were anywhere in sight, the younger man pummeled the older victim no fewer than 56 times. The catalyst for the fight, according to news reports, was that the younger man believed the older resident had eaten his cupcake.

At the time of the incident, no staff member was attending to residents in that unit and there was no one in charge of monitoring video surveillance for that unit. By the time the staff finally got there, the beating was over. That particular 45-bed facility has a long history of resident safety violations over the last five years. Two administrators were arrested in late 2015 in separate incidents reportedly involving patient neglect. After the beating and the fatal fall, an administrator reportedly broke down while being interviewed by police, telling investigators she was “overwhelmed,” had a short staff and the employees she did have were poorly trained.  Continue reading →

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The number of for-profit corporate nursing homes (as opposed to non-profit facilities) has risen sharply over the last several decades, complicating efforts to hold facilities accountable for substandard care. Worse yet, these centers have a higher rate of poor care because they tend to value profits over the vulnerable people in their charge. Beyond that, owners of these corporate nursing homes often have a stake in other companies contracted to provide goods and services to the patients – everything from physical therapy to drugs to management to staffers. nursing home abuse

A recent analysis by Kaiser Health News and The New York Times explored how these “corporate webs” not only lessen the quality of care, but also make it more difficult for those seeking compensation for nursing home abuse and nursing home neglect.

Almost three-quarters of nursing homes in the U.S. have this kind of business arrangement, referred to as related party transactions. In some instances, facilities will contract out very basic functions, such as management of the facility or rent from their property. Those who run these organizations say it’s a means of simplifying operations and reducing corporate taxes. But of course, there is more to it. The owners of these facilities can score contracts they might not otherwise be able to land in a market that is more competitive, and from there, they can reap more profits that aren’t recorded in the nursing home’s financial records. While a typical non-profit nursing home might take home a profit somewhere in the neighborhood of 3 to 4 percent, owners of facilities with these related party transaction arrangements take home a profit margin of around 28 percent.  Continue reading →

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The question of whether individual nursing homes or state law should allow “hidden” cameras is being raised again in light of footage captured by the family of a 94-year-old resident of a Pompano Beach facility.nursing home abuse

According to ABC Local 10 News, a certified nursing assistant (CNA) is seen struggling to get the man (who has dementia) off the bed. In the process, she causes him to fall into a chair. She then hits him on the head. In another clip, a CNA is seeing pouring mouthwash all over the man. This footage was especially telling because mouthwash contains alcohol. Alcohol dries out the skin, which can cause or exacerbate skin ulcers and bed sores. This particular individual suffered from stage three bedsores, and ultimately died from them, his family’s attorney now says. They are suing for wrongful death.

The man’s daughter said it was the camera that confirmed her worst fears. As her attorney noted, 99 percent of the time, the nursing home will deny any maltreatment. Absent any proof, some cases can be difficult to pursue, which makes the hidden camera evidence all the more valuable. It serves as undeniable proof of wrongdoing.  Continue reading →

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One of the greatest impediments to preventing nursing home abuse is the culture of secrecy in which so many facilities operate. An increasing number are for-profit ventures, too often concerned more about their bottom line than the health and well-being of the patients they serve. Reports or solid evidence of abuse has the potential to threaten those profits, giving administrators an incentive to quiet these reports before they surface. nursing home abuse

We see evidence of this in employment action lawsuits that have arisen in recent years. A recent example was reported in Illinois, where McKnights Long Term Care News reports a nurse was awarded $5.2 million after her termination from a nursing home, shortly following her reporting of alleged patient abuse.

Plaintiff in that case was a licensed practical nurse (LPN) at a nursing home in late 2012 when she was fired by her employer, a for-profit nursing home company that operates nearly 55 facilities. She alleged she was terminated because she refused to follow orders by the director of the nursing home to “drop a pill,” which was understood to mean give a double dose of anti-anxiety medications to patients who were agitated. The LPN also alleged she had refused to omit or delete any records that contained suspicious injuries incurred by residents.  Continue reading →

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It’s a sad reality in Florida nursing home abuse cases for the person who suffered to die, whether due to frailty or age or directly because of the abuse or neglect endured. In these cases, there may be several avenues for legal action. nursing home abuse

When a person survives nursing home abuse, it’s fairly straightforward: It’s a personal injury lawsuit. Nursing home injury cases can be a little more complex than other types of torts because they sometimes stem from some medical malpractice, which could complicate matters in terms of the statute of limitations (2 years, as opposed to the 4 allowed in personal injury cases). Further, medical malpractice cases require more evidence, as well as expert witnesses.

However, things can get a bit more complicated when the person who was victimized dies. The two primary avenues for compensation are:

  • Wrongful death lawsuit;
    Survival action.

Continue reading →

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Increasingly, relatives of Florida nursing home residents are installing cameras inside the rooms of their loved ones to ensure they are receiving quality care. Fears of inadequate nursing home care and even nursing home abuse are certainly founded, as the Government Accountability Office reports a quarter of U.S. nursing homes have deficiencies that cause actual harm or have the potential to inflict serious injury or death. Further, a survey of more than a dozen states found state and federal complaint procedures lacking, meaning at-risk patients suffered abuse and neglect in silence for months. nursing home abuse lawyer

The idea of hidden cameras in nursing homes isn’t brand new, but it’s garnering renewed attention from Florida lawmakers. ABC-10 News in Broward County reports that family members of a nursing home resident in Pompano Beach installed a camera inside the room of their 94-year-old patriarch, who suffers from dementia. They were horrified at the images that returned.

The video reveals a certified nursing assistant (CNA) who is impatiently and forcefully trying to get the man to move off the bed. She pulls him, and sends him falling into a chair. She then hits him on the head. In a separate clip, the same nursing home worker is witnessed pouring mouthwash on him. Aside from the obvious cruelty of the act, the family’s nursing home abuse attorney explained it was one that ultimately proved fatal. Alcohol is a drying agent. The man reportedly was already suffering from Stage 3 pressure ulcers. Ultimately, it was those ulcers that killed him, plaintiff attorney alleges.  Continue reading →

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Most residents of nursing homes, being over the age of 65, grew up in an era without computers, let alone cell phones or social media. Yet many are fast finding themselves confronted with the ugly underbelly of these technologies, as those entrusted with their care abuse their trust, snapping and posting inappropriate, embarrassing or abusive pictures of elderly patients. nursing home abuse

This can be sexual exploitation by a caretaker, particularly if the patient’s private parts are displayed – even if the images themselves aren’t necessarily intended to be of a sexual nature. Many of the images, as reported by NPR and ProPublica investigations, are by workers who may intend to “blow off steam” from being stressed and overworked. Nonetheless, it violates the patient’s rights, and may be actionable in civil court, particularly if there is evidence the nursing home may have been informed of it and failed to take action. ProPublica identified at least three dozen cases of this happening last year, the majority of those occurring on Snapchat.

Yet another incident was reported recently, this time in Illinois. According to local news source The Pantagraph, reports two certified nursing assistants (CNAs) who were a couple snapped and shared numerous residents in photos that were both unauthorized and “inappropriate.” The images included shots of elderly individuals who were dressing, bathing, toileting and resting in bed. All of these images, according to a recent nursing home lawsuit filed, were of the residents in situations that were embarrassing or humiliating.  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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