Articles Tagged with Nursing home neglect

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The family of a woman who died recently at a nursing home in New York after testing positive for Legionella now say they intend to sue the facility. 

The 86-year-old woman died in late October, just days after her son was told she had contracted the bacteria, which causes Legionnaires’ disease. At the time, the patient had reportedly been battling several bouts of what was though to be pneumonia. She was hospitalized several times, with the hospital finally releasing her back to the nursing home with regrets there was “nothing else they could do for her.”

Plaintiff, through his attorney, expressed outrage to staff writers at the Saratogian that so little attention is paid to this serious problem in nursing homes. If there were an outbreak of Legionnaire’s disease in schools or workplaces, there would be outrage. Instead, it seems nursing homes too often get a pass for failure to prevent the spread of infections disease and harmful bacteria. Too often, it probably goes unnoticed. But in this case, it was known and there were no repercussions, until plaintiff filed this lawsuit. There were four reported cases of the disease just at this one facility at the same time, including three patients and one staffer. The health department is conducting an investigation to determine the exact source of the outbreak.

According to the U.S. Centers for Disease Control & Prevention, Legionella is a type of bacterium that lives in freshwater environments, such as lakes and streams. However, it can become a health concern when it grows and then spreads to human water systems, such as hot tubs, plumbing systems, hot water tanks/ heaters, cooling towers or decorative fountains. It grows the best in warm water. Contaminated water is breathed in through small droplets in the air. It can also sometimes be spread when contaminated drinking water “goes down the wrong pipe,” and makes its way to the lungs rather than the digestive track.  Continue reading →

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Jurors overhearing a recent nursing home neglect case were so horrified by the details, they awarded $30 million in damages – $28 million of that being punitive damages against the nursing home, its two owners and related companies. 

Such damage awards aren’t necessarily the norm. In fact, most nursing home neglect lawsuits are settled prior to trial. However, plaintiffs are increasingly becoming emboldened to take action against staffers and facilities that fail to provide proper care to them and their loved ones. The clear message is that substandard care of our most vulnerable citizens is unacceptable, and nursing homes that try to cut corners with reductions in staff and poor training are ultimately going to pay for it.

Most of the cases involve injury or death from falls, fractures, pressure sores, dehydration, malnutrition or a delayed response to certain infections. These are often very complex and challenging cases because usually the primary witness – the elderly victim – is either deceased or has diminished mental capacity. But when they are successful, plaintiffs are finding they can often result in substantial compensation. Still, most plaintiffs aren’t actually in it to recover money. Really what they are looking for is to prevent the same thing from happening to someone else. They don’t want someone else to endure what they and their loved one have.  Continue reading →

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Courts generally enforce the strong federal policy that favors arbitration where such an agreement exists. However, that doesn’t mean a court will automatically dismiss a case that involves an arbitration clause in favor of that alternative dispute resolution. This is increasingly true in nursing home abuse cases, in which Florida judges are carefully scrutinizing arbitration clauses. 

One of the elements they consider is whether the party has relinquished rights to arbitrate.

This was the issue in the recent case of Johnson v. Heritage Healthcare, before the South Carolina Supreme Court. Court records show decedent, within six months of being admitted as a patient at defendant nursing home facility, she suffered severe pressure ulcers and a leg amputation that ultimately led to her death. The legal process to hold the facility accountable has been an arduous one, and like so many nursing home abuse cases, involved an arbitration agreement. The question before the state supreme court was whether defendant waived its right to arbitrate.  Continue reading →

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A resident at an Illinois nursing home reportedly admitted to fire officials and police that she intentionally set a fire at the facility because she was, “tired of the nursing staff trying to boss her around.”

That account is according to TV-KSDK, which reported the woman resided in the independent living section of the nursing home. She insisted she did not intend to hurt anyone, and thankfully no one was injured. The fire was set in two empty rooms. Ten patients had to be evacuated and smoke and water damage was sustained in a total of 13 rooms.

It’s unclear from the report how exactly she started the fire. While she was charged with one felony count of aggravated arson, suggesting that officers determined not only did she have willful intent but was mentally competent, the case sets off a few red flags for our nursing home abuse lawyers. Continue reading →

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Authorities are investigating the death of an elderly Florida nursing home resident who may have died of possible sun exposure after he was reportedly left outdoors for an extended period of time. 

According to Health News Florida, first responders in Pinellas Park were called to a nursing home to treat a 65-year-old man who had sustained second-degree burns on his body. His abdomen was reportedly covered with blisters. Paramedics who arrived noted the man was severely dehydrated. Soon after, he went into cardiac arrest and died.

Detectives are trying to ascertain why the man was outside, how long he was outside for, whether he was being supervised and whether he may have been a victim of nursing home abuse and negligence.  Continue reading →

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Nursing home neglect has been cited against a facility in Minnesota, where investigators say a man with severe cognitive disabilities died after he was given 10 times his prescribed does of morphine. 

According to the Star Tribune, the alleged medication error occurred at the 42-bed facility, where the man had been transferred for hospice care. He was suffering from chronic kidney disease. The victim’s age and identity was not disclosed in the state report, which determined the mistake occurred when the nursing home staff failed to accurately transcribe the man’s prescription.

His death happened approximately 1 hour and 45 minutes after the huge dose of narcotic painkiller was delivered. State investigators determined the facility did not have adequate policies in place that would have ensured the medicines were transcribed and also administered accurately. Had the policy been in place, the man likely would not have died when he did, officials said.  Continue reading →

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A nursing home in Massachusetts is facing thousands of dollars in federal fines after a state investigation revealed the facility employees violated state law in treating an 83-year-old woman who died after falling from a mechanical lift. 

Nursing home deaths resulting from falls are far too common. The U.S. Centers for Disease Control and Prevention (CDC) report 1,800 older adults living in nursing homes die every year from fall-related injuries. Even those who live often sustain injuries that result in permanent disability and substantially reduced quality of life.

That’s why we must treat these matters with grave seriousness. Unfortunately, as one ProPublica investigation found there are often greatly disparate penalties for deadly mistakes at nursing homes. Continue reading →

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The family of an 87-year-old California woman wanted to ensure she was taken care of. That’s why they invested in one of the best regional facilities money could buy for her elder age care. And yet, she still succumbed to one of the most unnecessary and painful forms of death: Complication from pressure ulcers, also known as bedsores. 

Her untimely death, according to the Santa Rosa Press Democrat, spurred a wrongful death lawsuit against the facility that recently resulted in a $1 million settlement.

Medical records indicated the woman died from sepsis after nursing home staffers allegedly erred in treating a pressure ulcer on her back. Proper care was not received until the sore became heavily infected, at which point it was too late to reverse the effects.  Continue reading →

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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 →

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A consumer advocacy group is suing the state Health & Human Services Agency, alleging a systemic practice known as “patient dumping” – or illegally refusing to re-admit nursing home patients on the state subsidized healthcare program known as Medi-Cal after a hospital stay.

The lawsuit, Anderson et al v. Dooley et al, asserts as many as half of the nursing homes are illegally refusing to readmit patients after they are discharged for temporary care out of the facility. The goal of these facilities, allege plaintiffs, is to shed these patients in favor of either private pay patients or those who receive Medicare. For care of the latter, these facilities would pocket more money.

Federal law would require that a nursing home refusing readmission following temporary care allow for an appeal hearing. Further, states re required to enforce the decisions made at that hearing. These legal obligations were reportedly explained to the state health department explicitly back in 2012.  Continue reading →

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