Articles Tagged with nursing home abuse attorney

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Before the arrest of a small assisted living facility owner in West Palm Beach on charges of elder abuse and neglect, daughters of two of the residents had tried to alert authorities. The Palm Beach Post reports the women filed at least three complaints with the Florida Department of Children and Families regarding the level of care at the facility, alleging unexplained injury to their mother, poor food quality (hot dogs and expired frozen fish) and furniture that smelled like urine. In one instance, when staffers reportedly refused to change her mother’s diaper, one of the women attempted to do it on her own – only to be forced by the owner to leave. Another time, she said she witnessed another resident suffering from dementia being “punished” by being forced to sit in the hot sun facing a backyard fence.nursing home abuse lawyer

They also filed a complaint with the Agency for Health Care Administration, specifically in charge of inspecting both assisted living facilities and nursing homes. When they didn’t get responses, they petitioned the court to have their parents returned to their home (they had been deemed incapacitated and had an unrelated court-appointed guardian). The court dismissed their complaint as unfounded.

Then, the facility owner was arrested on charges of unlawfully restraining elderly female residents to their beds and leaving the residents alone overnight. The investigation was only sparked after a service provider of the facility snapped some photos of one resident restrained to her bed. That individual also alleged the owner was sexually molesting residents at night, though the 52-year-old does not face any such charges. Residents have since been removed from the facility (owned by defendant and his wife), and a moratorium has been placed on accepting new residents. Continue reading →

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After discovering a 67-year-old dementia patient bound to a chair, duct tape covering her mouth so she wouldn’t scream, a caregiver removed the portion of duct tape over the woman’s mouth – so she could give her sleeping pills. She then removed a small portion of tape that bound the woman’s body, and then discussed with another caregiver – the one who had initially left the patient in that state – that tying a patient to a chair was wrong. Nonetheless, she did not report the incident. nursing home abuse

The first would later explain she’d only done so because the patient was unable to stay quiet or still and she had other patients who required her attention.

That was the account as explained by investigators with the Boynton Beach Police Department, as reported by The Sun Sentinel. Both women, one 44 and another 52, were arrested on charges of false imprisonment and elderly abuse. A third employee is also being investigated as a possible suspect. The victim, police said, was not alert to the time, place or year.  Continue reading →

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A jury recently awarded $7.5 million to the family of an elderly woman who was sexually assaulted while a resident at a nursing home in Pennsylvania. nursing home abuse

According to records from the Pennsylvania Superior Court, plaintiffs (decedent’s daughters and co-administrators of her estate) sued the nursing home where she resided prior to her death, alleging one of the other residents at the center sexually assaulted her during her residency. They accused the nursing home and her alleged abuser for negligence, breach of fiduciary duty and premises liability.

As it turned out, the fellow patient was a registered sex offender before he was accepted into the facility and the abuse began. He was later arrested and pleaded guilty to sexual assault and was sentenced to 8-to-20-years incarceration. Decedent passed away 10 months after the alleged assault from causes unrelated. Plaintiffs alleged defendant facility was aware of the threat posed by the resident and failed to properly supervise him or protect the patient. Continue reading →

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A study published recently by Human Rights Watch reveals roughly 180,000 nursing home residents are being given antipsychotic drugs, despite the fact they have not been diagnosed with conditions like schizophrenia, which the medications are specifically designed to treat. nursing home abuse lawyer

In many instances, a strong case could be made for medical malpractice or nursing home abuse negligence, depending on the circumstances and the harm suffered by the patient. Most nursing home residents have either Alzheimer’s disease or some form of dementia, but antipsychotic medication is not approved for treatment of those illnesses. Furthermore, these medications come with a U.S. Food & Drug Administration “black box warning,” indicating these medications may put those with dementia and similar conditions at risk of death.

Researchers concluded the drugs were administered despite lack of informed consent and rather than for the benefit of the patient, for the benefit of the facility and its staffers – to make patients easier to manage when the nursing homes are understaffed. The drugs have a sedative effect, and that, rather than any other medical benefit they might have, is largely while they are so prevalent in nursing homes. The problem is they also alter one’s consciousness, meaning they can negatively impact a person’s ability to interact with others. They can also make it much easier for someone working in an understaffed facility to care for these patients – particularly if they aren’t properly trained. As our nursing home abuse lawyers in Orlando know, a great many nursing homes have staffing levels that fall far below what is considered necessary to provide a minimum level of care. 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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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.

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