Articles Tagged with nursing home neglect attorney

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As our population is steadily aging, the quality of long-term nursing home care must be a top priority for the health care industry and our elected leaders. Unfortunately, one area that seems to be lagging – and which will only exacerbate if not addressed – is the shortage of nursing home aides.old man

These are the individuals who interact most closely with residents on a daily basis, helping them with basic daily tasks and functions, such as eating, toileting, bathing and teeth brushing. Yet, the lack of individuals in this field has meant that many nursing home residents aren’t receiving the quality of care to which they are entitled.

A recent report by Kaiser Health News reports shortages of home health aides and nursing assistants is threatening care for people with serious disabilities and vulnerable, elderly adults. In some cases, facilities have denied admission to people because they did not have the proper essential staff in order to provide a minimum level of care for them. It’s been the experience of our Orlando nursing home neglect attorneys, however, that some facilities will continue to accept patients, despite not having the essential number of staffers. What’s more, in some cases, the failure to fill these positions has less to do sometimes with availability of workers and more to do with the fact that for-profit facilities are looking for avenues to cut corners.  Continue reading →

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A case nursing home elopement ended tragically in Massachusetts recently, when a man who suffered a severe brain injury wandered away from a nursing home one Tuesday night. He was found dead the next day. door

Local news outlets reported the 54-year-old was last seen at the nursing home around 7 p.m. the evening before. Having suffered a severe brain injury  from a ruptured aneurysm which resulted in severe memory loss, as well as numerous other medical conditions, the man wasn’t necessarily considered high risk, the way some Alzheimer’s or dementia patients are. He wasn’t required to wear a monitoring bracelet. Staffers called police when they realized the man was missing, but told authorities they didn’t know if the building had surveillance cameras and weren’t sure how to access records to determine exactly when the exit doors had been opened. The evening before he disappeared, his brother had just helped him move from the ground floor into a newer room, reserved for patients with longer stays.

Although he was often confused, believing he still lived in his childhood hometown, doctors were hopeful that he would be able to regain a significant amount of his brain function. He had been in a coma for two months after the aneurysm ruptured back in October. However, much of the time recently, he’d been agitated and confused. It is believed he went missing some time between 7 p.m. and 8 p.m. Staff believed he may have simply walked out the front door of the main floor, possibly by following someone else out. The facility filed their missing persons report around 8:20 p.m.  Continue reading →

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A new report from Kaiser Health News uncovers a troubling practice that may startle many hospital patients who must be referred to nursing homes: The ones affiliated with hospitals are often some of the most poorly-rated. hospital

Nursing homes are the next step down for patients who might no longer be in critical condition, but still require additional daily care. Choosing a facility is an important decision, though, especially considering government data showing almost 40 percent of long-term nursing facilities have been cited by health inspectors over the last three years for either causing harm to a patient or operating in a way that injuries are probable. Despite this, hospital managers are reportedly failing to share objective or personal knowledge about the quality of the nursing homes to which they are referring their patients. In some cases, the report indicates, managers are actually pushing patients to the facilities associated with the hospitals, even when they know there are alternatives that are comparable or better.

Nursing home abuse and nursing home neglect isn’t disclosed to prospective patients and family members by the hospital managers, even when they know about it. A spokesman for the California Advocates for Nursing Home Reform recently noted that even some of the most poorly-rated nursing homes are still packed because hospitals keep sending their patients there.  Continue reading →

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Nursing home employees who take and distribute demeaning photos or videos of patients on social media platforms should be forewarned: The feds are getting involved.iphones

These images, as our nursing home abuse lawyers have detailed, have included humiliating depictions of residents who are unclothed, covered in their own waste or even deceased. In some cases, the images show actual nursing home abuse. Most of the images are uploaded to a platform called Snapchat.

Following a journalism non-profit ProPublica series on the troubling issue, the Centers for Medicare and Medicaid Services, the federal government agency responsible for oversight of nursing homes in the U.S., has issued a memorandum to state health departments indicating:

  • Ensuring all nursing homes have clear policies that forbid staffers from taking demeaning photos of residents;
  • Requiring state health officials to swiftly launch an investigation into any complaints of such treatment;
  • Calling on nursing homes to report any workers who violate these policies immediately to state officials or other licensing agencies.

It is the state agencies that typically enforce and mete out the discipline in these cases. The federal intervention is noteworthy because these are the agencies that pay for the majority of nursing home residents’ care. Failure to abide by these directives could be a breach of patients’ basic rights to dignity and quality treatment, which in turn could be grounds to deny federal payment.  Continue reading →

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A nursing home abuse lawsuit has been remanded for a new trial – but solely on the personal injury claim, not the wrongful death claim – by the West Virginia Supreme Court. gavel7

The court ruled the lower court erred in failing to apply certain tolling provisions and discovery rules that would have allowed her to present evidence central to her case.

In Williams v. CMO Mgmt., the patient in question was an Alzheimer’s sufferer who resided at defendant facility for a decade, from June 2001 to June 2011. Following his death in early July 2011, plaintiff, as representative of decedent’s estate, filed a lawsuit alleging personal injury and wrongful death as a result of neglect and abuse patient suffered while a patient at facility. Plaintiff also sought damages in connection with systemic issues at the nursing home related to understaffing, poor allocation of resources and budgeting and problems with certain policies and procedures. She wanted to recover for injuries her father had sustained from 2009 until his death.

At all times relevant, decedent was mentally incompetent.  Continue reading →

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