nursing home abuse lawyer

Published on: January 10, 2016

Nursing Home Patient Privacy Compromised by Staff Social Media Exploits

At first, it seemed like it might be an isolated incident. Nursing home workers were caught posting images or videos of elderly patients that were embarrassing, humiliating and even dehumanizing.

These were clear violations of patients’ dignity, privacy and also in some cases, of the law.

Today, journalism non-profit ProPublica reports there have been nearly three dozen of these incidents across the U.S. in just the last two years. These workers are sharing video clips and image files of residents, in many cases where they are partially unclothed or totally naked. Continue reading →

Published on: January 3, 2016

Report: Nursing Homes Struggle to Care for Obese Residents

By Dean Freeman

People who suffer from obesity grapple with a range of health problems, from diabetes to congestive heart failure.

The number of ailments facing obese adults increase as they age. This has resulted in serious problems at nursing homes throughout the country, where Medicare often refuses to pay more for the specialized care needed for adequate care of obese patients. Kaiser Health News reports this has caused some nursing homes to routinely turn down hospital referrals for overweight patients, but there are concerns this practice violates federal anti-discrimination laws.

A number of hospitals have stepped in to help ease the transition by offering donations of specialized lifts, mattresses and beds. While there is much focus on society-at-large to get fit and lose weight, doctors say there is a segment of the population for which this is not realistic or even advisable. That does not mean they forfeit their right to adequate care. Continue reading →

Published on: November 3, 2015

Nursing Home Worker Admits Sexual Abuse of Alzheimer’s Patient, Police Say

By Dean Freeman

A nursing home worker in Missouri has allegedly admitted to police that he fondled a 92-year-old Alzheimer’s patient roughly 100 times before he was caught in her bed by other staffers earlier this year.

According to the probable cause statement, defendant was a nurse’s aid at the home. Victim, who is in the late states of Alzheimer’s disease, is described as “retracted,” usually curled up in a near fetal position. Her alleged attacker was immediately fired.

This kind of reprehensible violation against someone so vulnerable is difficult for many people to understand, let alone confront. Unfortunately, it’s more common than we’d like to believe. Sexual assault in general is a vastly under-reported and under-prosecuted crime. When the victim is aging, dependent and suffering from a disease like dementia, the reporting rate is even lower. The National Institute of Justice reported last year that sexual abuse is one of the most understudied aspects of elder mistreatment. Researchers discovered assailants were most likely to be charged with a crime when victims exhibited indications of physical trauma. That doesn’t describe the aftermath of many cases, though it doesn’t mean they were any less traumatic. Continue reading →

Published on: October 13, 2015

Portable Adult Bed Handle Recall Reannounced

By Dean Freeman

Federal safety regulators have issued a reminder to the public regarding a previous recall of portable adult bed handles, which pose substantial risk of injury and death toward elderly and disabled individuals.

The Consumer Product Safety Commission reports at least four women have died using the L-shaped devices manufactured by Bed Handles Inc., a Missouri company. Some 113,000 of the devices were recalled back in May 2014 due to serious risk of entrapment, strangulation and death.

Three cases were reported in the initial reannouncement, and then a fourth was recently added to the figure.

However, there has been less than a 1 percent response rate for the recall, which is why the CPSC decided to reannounce the recall – to make sure word was getting to those who purchased any devices that may still be in use. These devices are used in care facilities to assist patients in pulling themselves up, helping themselves out of bed or keeping them from falling out. Continue reading →

Published on: September 22, 2015

Electronic Monitoring in Nursing Homes Approved Now in 5 States

By Dean Freeman

When it comes to neglect and abuse in nursing homes, it can be difficult to confirm suspicions. Patients are often either afraid or unable to come forward about what is happening to them. This vulnerability is what makes them such easy targets in the first place.

This is why many family members seek to substantiate their concerns by installing an in-room electronic monitoring system, sometimes referred to as a hidden camera or “granny cam.” These clips can be useful in both criminal and civil liability cases, as it reveals the way staffers behave when they think no one is looking. Illinois has just passed a measure, effective Jan. 1, 2016, that will explicitly allow cameras in nursing homes. That will make it one of five states that has granted this allowance.

However, they are in some places illegal. Florida, for example, has a strict statute concerning recording third parties recording individuals who do not consent to such action. Continue reading →

Published on: September 10, 2015

$9 Million Lawsuit Against Nursing Home for Infection Leading to Amputation

By Dean Freeman

A $9 million nursing home neglect lawsuit has been filed by a man who alleges the facility staffers repeatedly ignored his pleas of a painful catheter infection until it became so bad, surgeons were ultimately forced to remove his penis.

The 60-year-old man alleges the staff at the nursing home in Oregon City, Ore. committed gross negligence in failing to take swift action when he complained of pain. The infection became so serious, it led to gangrene and, ultimately, life-threatening septic shock.

According to news reports of the case, the man was admitted to the nursing home to recover from a kidney infection. This was in December 2013. But almost as soon as he arrived, he began to complain to staffers about pain and bleeding around the catheter area. However, staff at the center did nothing to address the problem. Continue reading →

Published on: May 1, 2015

Consent and Dementia Patients: A Complex Legal, Moral Quandary

By Dean Freeman

A 78-year-old former lawmaker in Iowa has been acquitted of criminal charges after it was alleged he had sexual contact with his wife, an Alzheimer’s patient residing at a nursing home. At issue was the prosecution’s contention that the woman lacked the capacity to consent to sexual contact.

Defendant had reportedly been informed by staffers to “limit sexual contact” with his wife of seven years, but it was a minute-long instruction that was part of an hour-long discussion, and he would later say he believed that to mean he was advised against having sexual intercourse with his wife for medical reasons. It was his contention that his wife initiated the sexual contact after that, and he assumed that this meant she was consenting. However, no one actually witnessed the act or could verify the exact nature of it.

These kinds of discussions are uncomfortable for family members and loved ones whose elder relatives and spouses remain in the care of a nursing home facility. The fact is, people don’t lose their desire for love and human affection when they are diagnosed with dementia. They shouldn’t be denied those things if it involves consenting adults. But the degree to which people with dementia or Alzheimer’s disease or other conditions can consent is a major question that many families and even nursing homes are grappling with.

Continue reading →

Published on: April 16, 2015

Community Care Center v. Barrentine – Nursing Home Worker Allegedly Fired For Reporting Abuse

By Dean Freeman

The recent case of Community Care Center of Aberdeen v. Barrentine is, at its core, an employment dispute. But the matter, reviewed by the Mississippi Supreme Court recently, holds relevance for those who care about the well-being of elderly, vulnerable residents of nursing homes because it involves someone who reportedly was willing to speak up about abuse.

As we know all too well, that courage is rare, especially for someone who is employed by the facility potentially liable for such wrong-doing and the resulting injuries.

One study by the General Accounting Office revealed that physical and sexual abuse of nursing home residents is not promptly reported to local law enforcement authorities and state regulators. And even when it is, it’s rarely prosecuted. Not only are patients and sometimes even relatives reluctant to report abuse, but nursing home managers are reluctant because they fear adverse publicity and legal liability. Employees are fearful of losing their jobs.

Continue reading →

Published on: February 24, 2015

Analysis: Racial Disparities Uncovered in Quality of Nursing Home Care

By Dean Freeman

It’s been well-documented that the state of nursing homes in the U.S. warrants improvement. However, a recent, multi-pronged analysis suggests the degree of care received by minorities is markedly below what their white counterparts receive.

The research, published by the Center for Public Integrity, noted some stark differences between nursing homes catering to majority white residents, versus mostly minority residents. For example:

Majority-white facilities had, on average, 60 percent higher rates of registered nurse care levels as compared to Latino-majority nursing homes and nearly 35 percent higher than facilities catering to majority black residents.

Continue reading →

Published on: November 27, 2014

Report: Low-Rated Nursing Homes Receive Billions in Taxpayer-Backed Loans

By Dean Freeman

Low-rated nursing homes are being rewarded with billions in federal funding to secure better interest rates on mortgages, despite having been cited for egregious instances of abuse and neglect of patients.

An investigation, launched by the Center for Public Integrity, indicated that since 2009, hundreds of nursing homes across the country raked in an estimated $2 billion in low-cost mortgages, guaranteed by the Department of Housing and Urban Development – even after being stamped with the lowest possible rating for quality of services.

In total, the center discovered some 240 nursing homes given just one star in the federal rating system received the loans backed by HUD. Some of these homes received chronically low ratings – in one case, for seven consecutive reporting cycles. In fact, not only did these centers receive HUD-backed mortgages and refinance offers, they also received federal guarantees for construction and improvement loans. From 2009 to 2012, the number of these “bad apples” getting the best interest rates on federally-backed loans increased year-over-year.

Continue reading →